Description
Ordinary restoration
Restoration of the Land Register is necessary when the situation resulting from the Tavolare deeds and/or the Land Register map no longer corresponds with the one that exists on the territory. Such a discrepancy may arise, for example, due to war or natural events (such as floods or landslides), after which the reconstruction of buildings has not taken place on the foundations of those destroyed. These situations can be resolved with the Land Register restoration procedure, based on the agreement of all parties involved.
Restoration is carried out ex officio and the decision on the need to start the procedure is taken by the Provincial Council, which, after consulting the municipality concerned and the Land Register and Cadastre Services, sets the date for the work to start and appoints the appropriate Commission. Having heard all the parties involved, the Commission prepares a report that must be signed by all the subjects involved and by at least one trustee (a person resident in the Municipality concerned and who is aware of the local situation).
The restoration intervention may concern an entire cadastral municipality or only part of it. The seat of the Commission is at the Commune whose territories are affected by the restoration.
The minutes contain the result of the cadastral surveys carried out during the procedure and are signed for acceptance by all the parties involved and the trustee. On the basis of the minutes, the new cadastral maps and the draft of the new Land Register are prepared. The minutes and cadastral maps can be viewed at the Commission's offices for a period of at least 30 days during which comments can be submitted to the Commissioner.
Once the draft of the new Land Register is finished, the Commissioner sends all the documents to the Regional Land Register Revision Commission established at the Trento Court of Appeal, which carries out a control to check that all the procedure has been carried out in accordance with the law.
The Court of Appeal of Trento will provide by edict for the declaration of the opening of the new Land Register and the start of the rectification procedure with the opening of the new Land Register, while the existing one will be put out of use.
Restoration pursuant to art. 1-bis
Article 1-bis of Regional Law no. 3/1985 has provided for a special restoration procedure in the case of patent errors, both land register and cadastral, that have misled the parties concerned, including, for example, in the identification of the subject matter of deeds of arrangement.
This is a simpler and quicker procedure than the ordinary one. This procedure is activated upon notification by the land registry office or the land register to the Commission specifically appointed by the Provincial Council, which verifies the requirements of the law, takes ex officio the documentation filed with the land registry and the land register, and acquires the necessary technical documents. All the owners of real rights and those who are interested on the basis of the entries in the land register are then summoned and minutes are drawn up, signed by all the parties involved, which constitute the basis for the consequent land-register operations and the relative cadastral variations. All deeds are forwarded to the review commission established at the Court of Appeal of Trento, which verifies the conformity of the procedure with the law, and in the event of a positive outcome, the deeds are forwarded by means of a special request to the competent land office for the consequent entries in the land register.
The conclusion of the procedure takes place with the notification of the relevant decree to all the parties.