BUYING A DETACHED HOUSE IN ITALY? CHECK THE ACCES FIRST

When buying a detached house, many people focus on the building, the garden and the view.

But there is another question that can be just as important:

How do you legally reach the property?

A driveway may look private but actually belong to a neighbour.

The property may be accessible only through land owned by someone else.

A neighbour may have the right to cross your garden, courtyard or driveway to reach their own house or land.

This is known as a servitù di passaggio: a right of way benefiting one property and burdening another.

WHY DOES IT MATTER?

A right of way may affect:

• your privacy;
• where you can install gates or fences;
• how you can use the garden;
• access for cars, workers and deliveries;
• maintenance costs for the road;
• the future resale value of the property.

Sometimes the right is clearly described in the title deeds.

Sometimes it appears in older deeds but is not mentioned by the estate agent.

In other cases, people have used the same road for decades without the legal situation being immediately clear.

WHAT SHOULD YOU CHECK?

Before signing the offer, ask:

• Who owns the access road?
• Does the property have a registered right of way?
• Is the access for pedestrians only, or also for vehicles?
• Can other owners cross the land you are buying?
• Who pays for maintenance and repairs?
• Are there gates, width restrictions or disputes with neighbours?

The cadastral map may help identify the parcels, but it is not enough by itself. The deeds and land-registry records must also be examined.

THE PRACTICAL LESSON

Never assume that because you physically entered the property, you also have a clear and permanent legal right of access.

When buying a detached house, farmhouse or country property, access should be checked before the offer becomes binding.

A beautiful private driveway may not actually be private.

And a small line in an old deed may affect the way you use the property for many years.

Buying a Property in Italy?

I regularly assist international clients during the purchase of property in Italy, from the initial review of the documentation and purchase offer through to the preliminary agreement and final completion.

If you need legal assistance, feel free to get in touch.

This article is intended for general informational purposes only. It is not exhaustive and does not constitute legal advice. Each property transaction should be assessed according to its specific circumstances.

Antonio Strangio
BDB Relocation and Legal