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The Directorate General for Legal Certainty and Public Faith has upheld the refusal to register a deed of segregation and sale due to a lack of successive chain of title (Art. 20 Mortgage Law). The individual who executed the segregation in 1989 was no longer the owner of the property at the time of filing, having sold the entire estate to a third party in 2005, who is already registered as the owner (legal grounds 1 and 2).
For the appellant, the resolution confirms that it is impossible to register the title of segregation without the involvement of the current registered owner or a judicial ruling (legal ground 3). The principle of registration priority prevents the registration of prior titles that are incompatible with the current entry (Art. 17 Mortgage Law). The procedure to challenge this decision is to file a claim before the Civil Court within two months (Arts. 325 and 328 Mortgage Law).
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