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BOE-A-2026-10619 ·16 May 2026 ·Resolution Low impact
Tax

Owners of adjacent estates: rectification of graphic representation must respect real rights such as easements

The Directorate General for Legal Certainty and Public Faith has ruled on an appeal regarding the rectification of the georeferenced graphic representation of an estate. The dispute arose because the registration, based on cadastral boundaries, omitted an aqueduct easement affecting the adjacent estate (Art. 201.3 of the Mortgage Law). The resolution examines the requirement that the rectification of surface area and boundaries must not infringe upon existing restrictive real rights.

In 2 key points

  1. The rectification of surface area must take into account the existence of restrictive real rights such as easements (art. 201.3 Ley Hipotecaria)
  2. Registrations based on cadastral boundaries may be challenged if they do not respect the physical and legal reality (Hechos I)

How it affects those involved

For owners of adjacent estates, the ruling emphasises that rectifications of surface area or boundaries based on cadastral or IGN (National Geographic Institute) boundaries cannot ignore the existence of encumbrances or real rights (such as aqueduct easements) affecting their property. This implies that any change in graphic representation that shifts boundaries must be compatible with the legal reality of the affected estates.

Lifecycle

2026-05-16PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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