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The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against a registrar's decision to suspend the registration of a deed for the sale of a garage. The registrar argued that an 'ob rem' ownership interest (an undivided share in common land) established in the horizontal property statutes was not correctly mentioned. The resolution determines that statutes cannot dictate the drafting style of public instruments nor restrict owners' freedom of disposal (Art. 396 CC and Art. 5.3 LPH).
For owners and buyers within horizontal property regimes, this reaffirms the validity of property transfers even if undivided shares in common land are not exhaustively detailed, provided they are inherent to the property (Art. 396 CC). It prevents community statutes from acting as an unauthorised restriction on the freedom to dispose of assets (Art. 33.1 CE).
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