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BOE-A-2026-11119 ·23 May 2026 ·Act critical
Tax

Claimants may demand alternative georeferenced graphic representation due to property identity doubts

The Resolution of 20 January 2026 establishes that, in cases of doubt regarding a property's identity due to potential encroachment on a road or public woodland, an alternative georeferenced graphic representation may be demanded. This mechanism is triggered via an appeal filed before the Land Registrar, as seen in the case of the company «Naves Industriales Las Medranas, SL» (Art. 199.2 of the Mortgage Law). This change provides a legal route to correct a property description when identity doubts arise from the encroachment of public spaces.

In 2 key points

  1. Alternative graphic representation registration may be demanded due to property identity doubts (art. 199.2 Ley Hipotecaria)
  2. The appeal is filed before the Marbella No. 2 Land Registrar (resolución de 20 de enero de 2026)

How it affects those involved

Property owners and legal representatives of estates in Marbella may file appeals to demand the registration of alternative graphic representations when identity doubts exist due to encroachment on roads or public woodland. Registry administrations must evaluate these appeals in accordance with current regulations. Property advisors must be aware of this procedure to provide adequate guidance to clients in cases of property identity disputes.

Lifecycle

2026-05-23PublishedPublished in the BOE
2026-01-20Into forceComes into force (resolución de 20 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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