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The Directorate General for Legal Certainty and Public Faith confirms the Registrar's authority to suspend the first registration of land when there are well-founded doubts about its identity with already registered properties (Art. 205 of the Mortgage Law). In this instance, matching surnames between the registered owner of older properties and the deceased whose estate is being settled led to a negative assessment. The objective is to prevent double registration, which would constitute a malfunction of the Land Registry.
For individuals seeking to register land through the procedure under Art. 205 of the Mortgage Law, the risk of a negative assessment is high if there are prior registry records that, while not matching perfectly in description, share ownership data or boundaries (Facts II). The Administration requires the Registrar to verify the absence of prior registration and to ensure there are no doubts regarding the total or partial identity of the property (Art. 205 of the Mortgage Law).
The tax team reviews your specific situation.
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