Does Transcription Make You an Owner? 

Many believe that registering (transcribing) a real estate deed automatically makes you the legal owner. But that’s not quite right. This article explains what transcription really means, why it doesn’t create ownership, and what actually determines who owns a property.

What Is Transcription and What Does It Do? 

Transcription is the recording of a deed in the land registry. It does not transfer ownership but serves as legal publicity—a public notice that informs everyone about rights related to a property.

Think of it as an official bulletin board showing sales, inheritances, mortgages, and other key documents linked to properties. Its main purpose is to settle conflicts when multiple people claim rights to the same property

Who Prevails When Two Buyers Claim the Same Property? 

According to the civil code (Article 2644), if two people buy the same property from the same seller, the one who registers their deed first in the land registry becomes the recognized owner—even if they bought it second.

For example:

If Titius sells a house first to Caius, then dishonestly sells it again to Sempronius, whoever registers first (say Sempronius) wins the ownership dispute.

So, What Actually Makes Someone the Owner? 

Ownership depends on a valid legal title, such as:

• A deed of sale (for real estate)
• Acceptance of inheritance
• A deed of donation
• Sometimes even verbal agreements (for movable goods where formalities are not required) Transcription is only a way to publicize that title, not the source of ownership.

Can Transcription Fix an Invalid Purchase? 

No. Transcription cannot “heal” or validate a contract that is void or null. If the purchase deed is legally invalid, recording it in the registry does nothing to make the buyer the owner.

There’s an important difference between:

• “Domino” purchases: Buying from the true owner—here transcription resolves conflicts.
• “Non-domino” purchases: Buying from someone who isn’t the owner—transcription does not grant ownership.

Inheritance: Does the Will or Transcription Matter More? In cases of inheritance, the will (or law) defines who inherits property, not transcription.

For example, a will may set conditions like:

“The house goes to my nephew if he graduates by 25.” 

If the condition isn’t met, the right to the house never arises, so there’s nothing to record or register.

A Real Case: When Testamentary Conditions Are Not Met A court ruling from Rome (January 2024) involved a lady who left multiple wills:

• She left some properties conditionally to a legatee (only if a certain condition occurred). ● If the condition wasn’t met, the grandchildren inherited the properties instead.

Since the condition wasn’t fulfilled (no one contested the will), the grandchildren became the rightful owners and sold the properties.

Why Was Transcription Not Enough in This Case? 

The legatee tried to challenge the grandchildren’s ownership based solely on the fact that their deed was registered (transcribed).

The court rejected this argument, explaining that:

• The ownership depends on the will’s conditions, not just transcription.
• Since the legatee never met the condition, he never legally owned the properties.
• Transcription can’t create ownership rights that don’t exist in law.

Conclusion 

Transcription is an important tool for publicizing property rights, but it does not create ownership. Ownership depends on having a valid legal title. Misunderstanding this can lead to costly legal surprises. Always remember to focus on the source of the right—be it a deed, will, or contract—rather than just the act of transcription.

VGS Family Lawyers is a law firm that offers assistance to English-speaking clients with interests in Italy. In case you need assistance, please write to: info@vgslawyers.com.