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The Directorate General for Legal Certainty and Public Faith has upheld the refusal of a presentation entry requested by an individual to rectify a land registration (property 8,190 in Colmenarejo) which, according to allegations, encroached upon their property (property 3,140). The Land Registrar of San Lorenzo de El Escorial No. 2 denied the procedure based on Articles 246.3 and 258.4 of the Mortgage Law and Article 420 of its Regulations, ruling that the document did not meet the requirements to initiate the registration procedure.
For neighbouring owners who detect errors in third-party land registrations, this ruling emphasises that submitting allegations or cadastral documentation (such as GML files) via a private document is insufficient to force a presentation entry (Art. 246.3 Mortgage Law). The risk for individuals is that the administrative registration route may be rejected if the document does not comply with the technical or formal nature required by current mortgage regulations.
The tax team reviews your specific situation.
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