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The Directorate General for Legal Certainty and Public Faith has dismissed an appeal seeking to initiate proceedings to rectify multiple registration (Art. 209 of the Mortgage Law). The Land Registrar of Granada No. 6 determined that there is no instance of double registration, but rather an incorrect delimitation of boundaries resulting in inaccuracies regarding the properties. The resolution confirms that the situation alleged by the applicant is not supported following an analysis of the titles and cartography.
For the appellant (owner of property 1.468), the resolution means they cannot use the procedure under Article 209 of the Mortgage Law to correct the registry status through this specific process. The dispute shifts from a 'double registration' issue to one of 'incorrect boundary delimitation', which requires alternative registry or judicial rectification methods. For the Land Registry, the validity of its negative classification is upheld based on the non-existence of the alleged duplication.
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