Real estate adverse possession and the property register in Italy: A small comparative análisis with Spanish law

Abstract

Two registration systems coexist in Italy. One is the transcription system, applicable in the majority of the Italian territory, and in which the principle of the transfer by consensus is followed. In this system, the conflict between acquisition by original title (adverse possession) and derivative title is always resolved in favour of the former. The adverse possessor will always prevail without any limit. On the other hand, in the other registration system applicable in some Italian provinces, the tabular system, the Registry is presumed to be accurate and complete, protecting the third party who acquires by relying on the reality published by the Registry. This means that, while in the common Italian system (that of transcription) adverse possession contra tabulas (against what the Registry publishes) has no limit, in the tabular system, adverse possession does have a limit: that of the third party who acquires in reliance on the Register.