Guarantees and responsibility of the notary

The notary ensures that the deed is in conformity with the will of the parties desire that the notary has verified and adapted to the mandatory rules of the law.

The notary is in fact responsible if the deed is void because it manifestly unlawful or illegal, and it is even if the act is annulled because one side did not have the legal ability to perform it for the age or apparent inability to understand or will, or otherwise shall be canceled for other reasons attributable to the notary.

For real estate deeds he arranged for the appointment received by the parties, the notary determines by examining the public records (real estate and Tavolari) if the last twenty years prove to be borne by property mortgages, foreclosures, seizures, easements or other constraints that restricting use or enjoyment, and it is responsible for the damage suffered by the party who has ignored trusting rightfully investigations of the notary .

 

If you want the notary performs this test for over twenty years (eg, to determine any easements) you need to give it a specific task and that he accepts it.

In any case, if it is sold a property purchased for adverse possession is not stated by the court, the notary can not guarantee the buyer that the seller is actually the owner. Nor can it guarantee that the person who is the owner in the land register and land register (or Tavolari ), but did not have possession of the property for over twenty years, actually has the ownership of the property (which may be purchased by others for adverse possession even if the adverse possession does not prove to be a judgment).

By law, the council notary verifies that the notary look exactly his duties and shall, on request, to resolve disputes between the notary and customers.

The notary in any case can not ensure regular urban planning and construction, nor the conformity of the situation in the real estate register: in this regard it is always advisable to appoint a technician to perform these checks.

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