Differences in the estimation solutions between lands legitimized already subjected to local government uses and emphyteusis

The article addresses real estate appraisals in Italy involving lands already subject to Local Government uses then legitimized or soils burdened by Emphyteusis (Land Lease). Local Government uses are collective property rights on rural land. Considering these conditions, it is possible for the land to be legitimized by the occupant, who thus obtains the right to alienate the land with the burden of the rent. Emphyteusis (Land Lease), on the other hand, is a right of enjoyment on another’s land with the obligation to improve it and pay a periodic rent. These two types of agrarian relationships may appear similar but confusing them can lead to inequalities when updating the rent or quantifying the capital of enfranchisement. Therefore, a historical-legal investigation becomes essential to reconstruct the existence of the right and its particular genesis, in order to identify the true owner of the land between the grantor and the grantee. The work also provides operational suggestions, in the two cases examined, for estimating the rent and capital of enfranchisement that are in line with the prescriptions imposed by case law and represent a fair balance between the various interests of the parties involved.