The Directorate General for Legal Certainty and Public Faith analyses the refusal to register an alternative georeferenced graphic representation due to its encroachment on the registered graphic base of an adjacent property. The ruling reiterates that the Registrar must refuse registration if the identification coincides with another registered graphic base or with public domain (Art. 199 LH). To resolve encroachment conflicts between properties, the use of boundary delimitation proceedings supported by a positive IVGA is suggested (Art. 200 LH).
For property owners wishing to rectify their graphic description, the ruling confirms that the existence of an already registered adjacent graphic base prevents the direct registration of a new representation that encroaches upon it. Affected parties must resort to boundary delimitation procedures or obtain consent from the owners of adjacent properties to modify their graphic representations. Failure to comply with enclosure-type topology and the overlap of cartographic objects prevents registration (Art. 9 LH).
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