Nel 2013 è stato inserito un nuovo comma nell’articolo 2643 del Codice civile, il  12 bis. In base a tale comma, non è più necessario arrivare alla pronuncia del giudice e alla sentenza per usucapire; è possibile trascrivere, e quindi sostituire alla sentenza, un verbale di mediazione che accerta l’usucapione. Questo ha molto snellito le problematiche legate all’usucapione.

Come funziona la mediazione?

È una procedura che va attivata presso un organismo di mediazione riconosciuto iscritto in un registro del Ministero di Giustizia. Il procedimento deve essere attivato contro chi potrebbe essere proprietario. La semplificazione enorme sta nel fatto che dall’incontro tra le parti, in cui viene trovato un accordo, che il conciliatore/mediatore trasforma in verbale che viene sottoscritto dalle parti stesse e deve essere autenticato da un notaio. A questo punto il verbale viene trascritto e si sostituisce alla sentenza o all’atto di compravendita. I vantaggi stanno nel fatto che la mediazione dura al massimo tre mesi, contro i circa due anni necessari per ottenere una sentenza del giudice, e in più l’accordo di mediazione fino a 50.000 euro di valore del bene usucapito è esente da imposte di registro.

Rivolgendovi in associazione potrete essere seguiti dai nostri consulenti sin dal primo passo e per tutta la procedura .


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