The Directorate General for Legal Certainty and Public Faith has dismissed an appeal against a registrar's refusal to rectify a new registration. The ruling establishes that if proof of dispatch and acknowledgement of receipt are held by the Land Registry, the entry falls under the protection of the courts (Art. 1, third paragraph, Mortgage Law). Consequently, the administrative rectification process is not the appropriate channel to challenge a lack of notification; instead, a claim for nullity must be brought before the courts.
For companies or individuals who consider themselves owners of adjacent properties to a newly registered estate without having been notified, the ruling confirms they cannot obtain rectification through appeals to the Directorate General if the registrar holds proof of dispatch (Art. 1, third paragraph, Mortgage Law). The risk for the affected party is the loss of administrative recourse, forcing them to bear the costs and timelines of judicial nullity proceedings to protect their property rights.
The tax team reviews your specific situation.