[BUYING AND SELLING REAL ESTATE IN ITALY] 147
ii) real warranty rights: pledge and mortgage. Minor in rem rights are constituted and remain linked to the real estate, regardless of the change of the ownership of the estate itself (i.e., right of sequela ). Minor in rem rights are enforceable against purchasers of the real estate subject to the transcription in the Real Estate Registry. Minor in rem rights not transcribed are opposable to the purchasers if mentioned in the deed of sale of the real estate, as in this case the real estate is transferred encumbered by the minor in rem right. Differently from the right of ownership, which is not subject to statute of limitation period and is protected by specific actions ( rei vindicatio action, actio negatoria servitutis ), minor in rem right expire due to non-use for the 20-year period.
ILN Real Estate Group – Buying and Selling Real Estate Series
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