Normality – lack of overlap / Virtual overlap / Real overlap / Virtual / real overlap remedies / How we can help you
Normality – lack of overlap
As a general rule, two pieces of land belonging to different owners cannot, or at least should not, overlap in any way, as each piece of land has its own distinct factual and legal individuality.
However, there are situations where two or more plots may overlap.
Overlapping land can lead to a number of unpleasant situations:
- lawsuits with neighbouring owners;
- the impossibility of registering the property right in the land register;
- the impossibility of obtaining a building permit;
- loss of the chance to sell the property to a potential buyer;
- not granting a bank loan.
Overlaps are of two kinds: (i) virtual overlaps and (ii) real overlaps.
For information on what you need to check when buying land please go to Buying a property.
The virtual overlapping of two pieces of land exists when, from a factual point of view (on the spot) and from a legal point of view (from the point of view of the property deeds) they do not overlap, but from the point of view of the land register and the land register, they appear as overlapping.
In general, the reasons for these virtual overlaps are either (i) incorrect measurement of the two pieces of land, or (ii) incorrect processing of the field data at the time the digital site plans are produced.
The real overlap of two pieces of land exists when, from a factual point of view (on the spot) and/or from a legal point of view (from the point of view of the property deeds) the land overlaps in whole or in part.
In general the reasons why these real overlaps occur are as diverse as:
- situation where the public administration authorities have issued title deeds for one and the same piece of land in favour of different persons (e.g. two title deeds under Law no. 18/1991, two provisions issued under Law no. 10/2001, a certificate of private ownership of land and a provision for the restitution in kind of the same piece of land, etc.);
- situations where the public administration authorities (e.g. local land commissions, Law 10/2001 commissions, etc.) have issued title deeds for neighbouring land which, in reality, had a larger surface area than that mentioned in the deeds issued;
- situation where the property boundary is wrongly positioned between neighbouring properties;
- situation where two persons have different title deeds but for the same land, etc.
Remedies for virtual/real overlaps
Depending on the concrete circumstances of each individual situation, overlaps can be removed by various legal remedies, such as:
- the conclusion of a transaction between the owners whose land overlaps;
- annulment of one of the two property deeds, to the extent of the existing overlap;
- to bring an action for a claim in respect of the area where the overlap exists;
- promoting action in the grooming;
- rectification of cadastral documentation and land registers.
How we can help you
Regardless of the type of overlap (virtual or real) our lawyers can advise you on choosing and supporting the most appropriate legal remedy to eliminate the existing overlap.
More info about overlapping of land