25 Year Use becomes Ownership?

[Oliver McCrum]

I have heard from several people that allowing someone to use land (in my case, to farm grapes and grass and take the product) can lead to them owning the land, under Italian law.

Does anyone know about this? Thanks in advance.

[piedmont_phil]

Hopefully someone wiser than I can say specifically. My thughts are that this is true if one simply alows someone else to work the land etc. If you have a formal contract of use/rental then this protects you from a claim of ownership subsequently.
I rent some vineyards and have a very simple contract (drawn up by my agricultural union - but it was a two minute job) it is renewed every 5 years and there is a very small sum payable to make the thing legal.

[Oliver McCrum]

Thanks, Phil.

Which agricultural union?

[piedmont_phil]

We are in Confagricoltura, but any ag union will do (the biggest is Coldireti).

[CMJ Oliver, Solicitor]

This is the "diritto di usucapione" , a right deriving from Roman law, which may be acquired by a person who is not the legal owner, having exercised possession of moveable or immoveable property for a continuous period of more than 20 years. The circumstances in which a person may acquire possession are set out in the Italian civil code and developed in caselaw. If land has been expressly "lent" to someone (ie to work it) or more formally rented out, the person receiving the right to use the land would not be considered to be in possession of it or acquire the right to usucapione. The 20 years may begin to run from the moment a person, having been given the right to use the land, notifies the legal owner that he intends to keep it for himself. Phil should be protected by the agreement he has drawn up for his vineyards.

[damiano]

If you lend your land informally or formally, via a contract, to a contadino, don't the neighbours rights to purchase the land at he point of future sale then vest in the contadino's hands?

If they have claim to purchase the land at the point of sale by virtue of the fact that they have been working it, or alternatively have to sign away their rights, then how does the landowner protect himself from the contadino using this trump card as leverage to either buy the land or extort monies or concessions before he will sign his rights away?

[CMJ Oliver, Solicitor]

I think you may be confusing the diritto di usucapione with the diritto di prelazione.

Where land is "lent" to a farmer he acquires no right to claim usucapione after 20 years, nor does he have any right of pre-emption to buy the land from the owner, unless this has been agreed in the rental contract. Only the owners of bordering properties have the "right to buy" and must be notified of an impending sale and the agreed price when a preliminary contract is signed.

Charlotte Oliver

[piedmont_phil]

Originally Posted by CMJ Oliver, Solicitor

Phil should be protected by the agreement he has drawn up for his vineyards.

Ohh - sorry all, I didn't make my post particularly clear - I rent vineyards FROM someone to augment my own vineyards which I also work. Nontheless in the context of the OP the answers are perfect.

Best