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- Many families with Puglian roots are co-heirs of small plots of land, split into many shares.
- Often several generations of inheritances were never registered.
- Before selling you need to work out who owns what. Olive trees may be subject to protection rules.
Many heirs, little land
In Puglia it is common to find an olive grove or a plot registered in the name of an emigrant grandfather, passed to his children and then to his grandchildren, who now live in several countries. Each step created new co-heirs. If the registers were not updated, the names on record do not match the real owners. The first job is to reconstruct the chain of heirs using civil status documents, including foreign ones.
Land registry and parcels
A plot of land is identified by sheet, parcel and, sometimes, sub-parcel. Request up-to-date extracts from the Italian Revenue Agency (Agenzia delle Entrate) and compare them with the map and the actual state of the land. In fragmented plots it can happen that shares are held in common by several people and that some parcels ended up with neighbors without any deed. An inheritance that was never registered makes selling difficult. For taxes and inheritance procedures, consult the Agenzia delle Entrate.
Divide or sell
No co-heir is obliged to remain in co-ownership with the others. The plots can be divided, assigned to one person with compensation to the others, or sold with the proceeds split. If the co-heirs are many and far apart, a written agreement, with powers of attorney, can avoid a lawsuit. Before going to court, it is worth weighing the alternatives with an attorney.
Selling farmland
The person who farms the land or the neighboring farmer may have the right to buy before others. Ask the notary or an attorney before you sign. Prepare the sale by checking with the municipality what can be done on the land and whether landscape restrictions apply.
Monumental olive trees
In Puglia some olive trees are protected. Cutting down or moving a tree may require authorizations. Before touching an olive tree, check the Puglia Region website.
Foreign documents and translations
Birth, marriage and death certificates issued abroad usually have to be translated into Italian and legalized, through a procedure that depends on the country. Find out more from the Italian Ministry of Foreign Affairs or the Italian consulate. Request the copies early: foreign offices can take a long time. Check that names are spelled the same way in all documents: a different letter in a surname can block the file. If the names do not match, ask for a correction before you begin.
If a neighbor farms the land
A neighbor who has farmed part of the land for a long time may claim to have acquired it over the years. Do not give in to pressure and do not sign anything before checking the facts with an attorney.
Typical case
A problem that comes up often. Typical case described in general terms: names, places and details do not refer to real people or cases.
Four cousins, in Canada, Germany and Italy, discover that each of them holds a share of their grandfather’s olive grove. To sell, everyone has to agree, but two inheritances were never registered and one parcel is farmed by a neighbor.
Frequently asked questions
Do I have to come to Italy?
As a rule you do not need to be present every time: you can give a power of attorney. The form of the power of attorney must be checked with the notary.
What happens if a co-heir does not respond?
Alternatives to a lawsuit can be considered, with court action as a last resort. Discuss it with an attorney.
What to bring to the consultation
- birth, death and marriage certificates of the ancestors
- any wills
- land registry extracts or parcel numbers
- list of co-heirs with contact details
- photos or a description of who uses the land
Official websites
- Agenzia delle Entrate, land registry extracts and inheritances: www.agenziaentrate.gov.it
- Puglia Region: www.regione.puglia.it
- Italian Ministry of Foreign Affairs: www.esteri.it
- Italian Ministry of Justice: www.giustizia.it
Learn more: Legal guides from Studio Legale Fiorentino.
Want to understand your case?
The firm sees clients by appointment in Naples (P.zza Giovanni Bovio 22 and Via Monte di Dio 14), Rome and Bari, and remotely throughout Italy.
Author: avv. Renato Giuseppe Fiorentino, Naples Bar. General information only; it does not replace advice on your case. For up-to-date details, check the official websites listed in the text.
Original in Italian: https://www.studiolegalefiorentino.net/puglia-terreni-uliveti-ereditati-coeredi-catasto/
It is not legal advice. The firm does not handle the law or taxes of other countries.
Do you have a similar issue?
Every situation depends on the documents of the specific case. You can contact the firm from anywhere, remotely.