Skip to content
BOE-A-2026-10633 ·16 May 2026 ·Resolution Low impact
Tax

Companies and individuals cannot request the annulment of seizures via private applications to the Land Registry

The Directorate General for Legal Certainty and Public Faith has confirmed that the Land Registry lacks the authority to declare the nullity of seizure orders requested through private applications (Resolution of 15 January 2026). Under the Mortgage Law, registrable titles must be public, enforceable, or authentic documents (Art. 3 Mortgage Law). Any claim to annul a seizure due to repetition or violation of rights must be pursued through the Tax Agency or via contentious-administrative proceedings.

In 1 key point

  1. Registrars shall not record the presentation of private documents that lack legal registry effectiveness (Art. 420 Mortgage Regulations). (art. 420 Reglamento Hipotecario)

How it affects those involved

For companies (such as Anavrin Maariya, SL) and individuals, this ruling ratifies that it is not possible to use the Land Registry to challenge acts of the Tax Agency (AEAT) through private written requests (Art. 420 Mortgage Regulations). The risk for the interested party is the loss of time and resources when attempting registry operations that lack the legal nature required to trigger a registry action (Art. 420.3 Mortgage Regulations). The correct route is through specific administrative or judicial channels.

Lifecycle

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

Does this provision affect you?

The tax team reviews your specific situation.

Talk to the tax team
This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
Email
Contact