Buying a Property Received by Donation in Italy: What Foreign Buyers Must Check

Buying property in Italy requires more than confirming that the seller’s name appears on a deed.

One of the questions that should always be asked during legal due diligence is:

How did the seller acquire this property?

The answer may be a previous sale, inheritance, division between heirs, corporate transfer or donation.

A property received by donation can be perfectly legitimate and fully transferable. But its history may still matter to a foreign buyer. Donations are closely connected to Italian succession law, family rights and the protection of certain heirs. They can affect the documents you should request, the questions your lawyer should ask and the way the purchase should be structured.

This guide explains what a property donation is, why it matters in a purchase, what changed under the recent reform of Italian law and what foreign buyers should verify before signing an offer or transferring a deposit.

Govoni Law assists foreign buyers purchasing property in Italy. We review ownership history, title, encumbrances, documentation and contracts before buyers become legally committed.

What Is a Property Donation in Italy?

A property donation is a transfer made without payment.

In Italian legal practice, it is usually called a donazione. A parent may donate a house to a child, a spouse may transfer a share of a property, or a family may use donations as part of estate planning.

The recipient of the donation is called the donee (donatario). Once the donation has been correctly executed and recorded, the donee may become the registered owner.

A seller who received property through donation may therefore have the legal right to sell it.

However, a donation is not identical to a sale.

It forms part of the donor’s wider estate and can affect the rights of certain family members who are protected by Italian succession law. These family members are often described as forced heirs or legittimari.

Depending on the family situation, this category may include:

• A spouse.
• Children.
• Descendants representing a deceased child.
• In some circumstances, parents or other ascendants.

The legal position must be assessed in relation to the actual family structure, the date of the donation, the donor’s estate and the rules applicable at the relevant time.

Why Donation History Matters to a Buyer

A buyer may not immediately know that a property came from a donation.

The listing may simply name the current seller. The agent may say that the seller is the owner. The property may be marketed in the same way as any other house, apartment, villa or rural estate.

But the title deed may reveal that the seller acquired the property through a donazione.

This matters because donations can create a connection between the property and potential inheritance claims.

Historically, buyers often approached donated property cautiously because a forced heir whose reserved share had been harmed could, in defined circumstances, bring claims that affected the property even after it had been sold to a third party.

That historical concern also affected lending, resale and the willingness of some buyers, banks and notaries to proceed without additional protections.

The legal position has changed significantly. But donation history still needs careful review.

The buyer should establish:

• Whether the seller acquired the property through donation.
• The date of the donation.
• Whether the donor is alive or deceased.
• The family situation of the donor.
• Whether there are known heirs or inheritance disputes.
• Whether the donation and subsequent transfers were correctly recorded.
• Whether any claim, challenge, mortgage, lien or other restriction affects the property.
• Whether the proposed contract accurately reflects the ownership history.

What Changed After the 2025 Reform?

The 2025–2026 Reform: Why Donated Property Is No Longer the Same Buyer Risk. For many years, Italian property received through donation carried a specific circulation risk. Under the previous rules, an injured forced heir could, in defined circumstances, seek not only monetary compensation but also the restitution of the donated property from a third-party purchaser. This was the concern that made some buyers cautious, made some banks reluctant to lend and caused donated properties to be treated as less straightforward than properties acquired through an ordinary sale.

That position has changed substantially.

Article 44 of Law No. 182/2025 reformed the rules on property received by donation. The reform entered into force on 18 December 2025 and changed the legal position of third-party purchasers. For successions governed by the new regime, the reduction of a donation does not generally prejudice a third party who purchases the donated property for value, provided that the third-party acquisition is opposable under the applicable land-registration rules. In practical terms, a buyer who purchases from the donee and properly registers the acquisition is no longer normally exposed to losing the property through an heir’s restitution claim.

The key change is this:

The forced heir’s protection has moved from the property itself to a monetary claim.

If a donation has harmed the forced heir’s reserved share, the heir may still seek to restore that share. But the principal remedy is now directed against the donee in money, rather than against the property in the hands of a buyer who acquired it for value. The third-party buyer keeps the property; the donee may be required to compensate the heir.

This is why a property received by donation should no longer be treated automatically as an unmarketable or inherently dangerous asset.

It is now, in many ordinary transactions, a property that can circulate more safely than it could under the previous framework.

What Has Not Disappeared

The reform did not eliminate the need for legal due diligence.

A buyer must still verify:

• Whether the seller actually acquired valid ownership through the donation.
• Whether the donation deed and all subsequent transfers were correctly executed and registered.
• Whether the buyer’s own acquisition will be properly recorded.
• Whether a reduction claim was already registered before the buyer’s acquisition.
• Whether transitional rules apply because of the date of the succession, prior court proceedings or formal opposition to the donation.
• Whether mortgages, liens, usufruct rights, rights of residence, leases or other encumbrances affect the property.
• Whether the property is occupied or can be delivered with vacant possession.
• Whether planning, cadastral and building documents are consistent.

The reform protects a purchaser against the historic restitution risk. It does not cure a defective title, remove a mortgage, extinguish usufruct, resolve a family dispute, regularise an unauthorised building work or guarantee vacant possession.

Why the Transitional Rules Matter

The new system does not apply in exactly the same way to every past donation and every succession.

The transitional regime requires a case-specific review. In particular, older situations may require closer analysis where:

• The succession opened before 18 December 2025.
• An action for reduction had already been served and registered before the reform entered into force.
• A claim was registered within the legally relevant transitional period.
• A formal opposition to the donation had been served and registered within the applicable period.
• The buyer is acquiring through a gratuitous transfer rather than an arm’s-length purchase for value.

For this reason, a buyer should not rely on a generic statement that “the donation risk no longer exists.”

The accurate position is more useful:

In an ordinary purchase for value governed by the new rules, the historic risk of restitution of the donated property against the third-party buyer has been substantially removed. But the title history, registration position, transitional rules and every other property risk still require verification before completion.

What This Means for Foreign Buyers

For a foreign buyer, the practical consequence is positive.

A donation in the seller’s title history should now trigger a specific legal review, not an automatic decision to abandon the transaction.

The right question is no longer:

“Can I buy a donated property in Italy?”

It is:

“Does this transaction fall within the new buyer-protection framework, is the purchase for value properly registered, and are there any separate title, occupation, inheritance, mortgage or planning issues that must be resolved before I buy?”

This distinction is commercially and legally important. It prevents the buyer from rejecting a sound property merely because it was donated, while preserving the discipline of checking the title properly before signing or paying.

Donation, Inheritance and Sale: Do Not Confuse Them

A property can reach the seller through different routes. Each requires a different legal analysis.

Method of acquisition	What it means for the buyer
Previous sale	Review the seller’s deed, title history, encumbrances and documents
Inheritance	Check succession, heirs, title transfers, acceptance and any unresolved claims
Donation	Review the donation deed, family context, registration and current legal framework
Family division	Confirm that every relevant owner or heir participated and that title is clear
Court transfer	Review the court order, conditions, registrations and any surviving rights
Company transfer	Review company ownership, authority, corporate approvals and property title

A property may also have a mixed history.

For example, a parent may donate a share to one child, another share may pass through inheritance, and the surviving spouse may retain usufruct or a right of residence. The apparent seller may be registered as owner, but the practical ability to deliver full and vacant ownership may depend on several deeds and family relationships.

That is why the chain of title matters.

What Documents Should Be Checked?

If a seller acquired property through donation, a foreign buyer should request and review more than the most recent deed.

The key documents normally include:

• The current seller’s title deed.
• The deed of donation (atto di donazione).
• Land-register searches showing the recorded transfers and rights.
• Cadastral certificates, maps and plans.
• Information about the donor and current status, where relevant.
• Available information on the donor’s family and succession position.
• Any inheritance declarations or deeds following the donor’s death.
• Any renunciations, settlement agreements or formal family arrangements.
• Documents relating to mortgages, liens, seizures or judicial registrations.
• Planning and building documents.
• The proposed offer, reservation agreement or preliminary contract.

The exact documents depend on the case.

The aim is to establish whether the seller has full authority to transfer the property and whether the buyer will obtain the ownership interest described in the proposed contract.

What About Properties Donated Many Years Ago?

The date matters, but it is not the only issue.

A donation completed years ago may present a different practical risk from a recent donation. The donor may be alive or deceased. The estate may have been settled or may still be subject to unresolved family questions.

The 2025 reform changed the position of third-party purchasers, but the timing of the donation, the date of later transfers and the transitional application of the law may still need analysis in an individual transaction.

Do not rely only on a simple statement such as:

• “The donation was a long time ago.”
• “All heirs agree.”
• “The family has no disputes.”
• “The notary will sort it out.”
• “This is standard in Italy.”

The correct question is whether the title history and current legal position have been documented clearly enough for the buyer to proceed.

Can You Get a Mortgage on a Donated Property?

The answer may depend on the lender, the transaction structure, the property history and the bank’s internal policy.

Historically, some banks were cautious about lending against property that had come through donation because of possible succession-related claims. The 2025 reform substantially changes the legal risk for a third-party purchaser, but lending practices may not become uniform immediately.

For a foreign buyer using financing, this means that donation history should be identified early.

Do not wait until the final stage of the transaction to disclose that the seller received the property through donation. The issue may affect the lender’s legal review, valuation, timing or conditions.

For cash buyers, the absence of a mortgage does not eliminate the need for due diligence. It simply means that the buyer must ensure the review is carried out independently rather than relying on a lender’s process.

Can the Seller Deliver Vacant Possession?

Donation history can overlap with another common buyer risk: occupation by a family member.

A property may have been donated while the donor or another relative retained:

• Usufruct.
• A right of residence.
• A lease.
• Informal occupation.
• A family-use arrangement.

The buyer should not assume that the registered owner can deliver vacant possession simply because the property is offered for sale.

Before signing, establish:

• Who lives in the property.
• Whether that person has a registered usufruct or residence right.
• Whether a lease exists.
• Whether relatives have any formal or informal claim.
• Whether the seller is obliged to deliver vacant possession.
• Whether the contract specifies the date and conditions of delivery.

A donation deed can reserve rights for the donor or other parties. Those rights must be read, not guessed.

Contract Protection Before You Sign

If the title history includes a donation, the purchase agreement should not simply repeat the property address and price.

The contract should reflect the actual legal position.

Depending on the facts, a buyer may need:

• Full disclosure of the donation chain.
• A seller warranty concerning title and authority to sell.
• A condition requiring the delivery of specified documents.
• A condition concerning the discharge of mortgages or liens.
• A clear vacant-possession obligation.
• Specific remedies if title documents are incomplete or inconsistent.
• A condition linked to the outcome of legal and technical checks.
• Appropriate allocation of costs and responsibilities if an issue requires resolution.

The wording must be appropriate to the specific transaction. A generic clause may not protect the buyer against a problem that has already been identified.

The strongest time to negotiate these protections is before the offer or preliminary contract becomes binding.

Legal Due Diligence Before You Commit

A donated property may be an entirely sound purchase.

But the buyer should know the legal history before deciding whether to proceed.

Legal due diligence should establish:

• How the seller acquired the property.
• Whether the donation was correctly executed and registered.
• Whether the title chain is complete.
• Whether other family transfers or inheritance issues exist.
• Whether there are mortgages, liens, usufruct rights or third-party claims.
• Whether the property is occupied.
• Whether planning and cadastral documents are consistent.
• Whether the contract properly protects the buyer.
• Whether any further legal or technical verification is required.

The purpose is not to make a transaction unnecessarily difficult.

It is to give the buyer a clear answer before money is committed:

• Proceed.
• Request documents.
• Make the contract conditional.
• Renegotiate.
• Wait for a defined step to be completed.
• Walk away.

What Govoni Law Does for Foreign Buyers

Govoni Law assists foreign buyers purchasing property in Italy, including properties acquired by sellers through donation, inheritance or other intra-family transfers.

Depending on the transaction, our Full Legal Due Diligence service may include:

• Review of the seller’s title and chain of title.
• Review of donation deeds and subsequent transfers.
• Land-register checks for mortgages, liens, usufruct and other encumbrances.
• Review of available inheritance and family-transfer documentation.
• Review of cadastral, planning and building records.
• Identification of missing documents and legal risks.
• Review or revision of an offer, reservation agreement or preliminary contract.
• Written legal advice in English on whether to proceed, renegotiate or seek further protection.
• Coordination of legal points with the notary and other professionals involved.

Our role is to make sure that a buyer understands what the seller owns, what rights affect the property and what should be resolved before completion.

Your Next Step

If the property you are considering was received by the seller through donation, do not assume that the issue is either automatically dangerous or automatically irrelevant.

Before signing or paying, send us:

• The property listing and full address.
• The proposed offer, reservation agreement or preliminary contract.
• The seller’s title deed.
• The donation deed, if available.
• Cadastral and land-register documents.
• Information on any donor, heir, occupant, usufructuary or family arrangement.
• The proposed payment schedule and completion date.

We will assess the available title history, identify what requires further review and advise whether Full Legal Due Diligence is appropriate before you commit.

A property’s past does not have to prevent its sale. But it must be understood before it becomes your future.