Differences between ownership, possession and custody

The Italian language abounds with synonyms, but it is often easy to make gross errors when using technical vocabulary. Here's what the terms "proprieta", "possesso" and "detenzione" mean in real estate and legal contexts, and why it's important not to confuse their meanings.

From a legal point of view

First, let's make some legal distinctions regarding the three terms.

Proprieta (property)

From a legal point of view, proprieta means the right to the full use and disposition of property with exclusivity, but subject to restrictions established by law (e.g., preserving the health of others).

Possesso (possession)

"Possesso" is characterized by the ability to make full use of certain property, except that it may be a temporary right.

The distinction from "proprieta" is based only on the relevant documents.

Detenzione (possession)

Legally, "detenzione" is a situation in which a certain person can dispose of property for a limited time, often with some monetary compensation.

From a real estate perspective

Let's look at the application of these three terms to real estate and how they translate into three completely different situations.

Proprieta (property)

The most common example of property in real estate is one's own home. A private person who has acquired a house is its full owner (for the duration of his life) and may dispose of his property as he sees fit, subject to the boundaries established by law.

Possesso (possession)

In real estate, "possesso" is often confused with "proprieta", especially in the case of agricultural land, when, for example, it is granted by lease or enfiteosis (long-term lease or concession, often for several generations) with specific restrictions.

Detenzione (possession)

The most common case of "detenzione" in real estate is a lease. A classic real estate lease agreement provides for the use of a specific property for a limited period of time and for an agreed amount.