The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against a registrar's refusal to register a sale that included a deed cancelling a resolutory condition. The resolution determines that incorporating public documents to prove the extinction of encumbrances is a valid and necessary practice for legal certainty (Art. 243 of the Mortgage Law). It establishes that the accessory nature of these documents does not prevent registration classification, provided they refer to the same registry unit.
For individuals and companies acquiring properties with encumbrances or resolutory conditions, the ruling confirms that including the cancellation deed directly within the sale deed is valid to expedite registration (Art. 243 of the Mortgage Law). Notaries are supported in incorporating documents that illustrate the legal status of properties to safeguard professional liability. Registrars may not refuse registration based solely on the lack of formal independence of documents if they are accessory to the principal act.
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