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BOE-A-2026-10631 ·16 May 2026 ·Act critical
Tax

Claimants may appeal negative registration notes due to cadastral encroachment within 15 days

The Resolution of 14 January 2026 establishes that claimants may appeal negative registration notes issued by registrars due to the encroachment of a property's cadastral graphic representation, pursuant to Article 205 of the Mortgage Law. This appeal must be filed within 15 days of notification. This change provides a direct review process for cadastral encroachment without the need for prior procedures.

In 2 key points

  1. Appeal against negative registration notes due to cadastral encroachment within 15 days (art. 205 Ley Hipotecaria)
  2. The appeal is filed before the Directorate General for Legal Certainty and Public Faith (Resolución de 14 de enero de 2026)

How it affects those involved

Owners or representatives of properties affected by cadastral encroachment can now appeal within a 15-day period, reducing response times following a refusal of registration. Registry administrations must clearly notify the grounds for refusal. Advisors should verify the appeal deadline and advise clients on the possibility of filing an appeal within the established timeframe.

Lifecycle

2026-05-16PublishedPublished in the BOE
2026-01-14Into forceComes into force (Resolución de 14 de enero de 2026)
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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