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BOE-A-2026-12677 ·11 June 2026 ·Resolution Low impact
Tax

Property registration: descriptions of nature, location and boundaries must be complete to avoid nullity under the Mortgage Law

The Directorate General for Legal Certainty and Public Faith has ruled on an appeal regarding the suspension of property registration during an inheritance distribution process. The Registrar suspended the registration of three properties (5, 12, and 17) on the grounds that their descriptions were incomplete (Art. 18 Mortgage Law). The resolution emphasises that any substantial omission or inaccuracy regarding the nature, location, boundaries, or measurements of properties results in the nullity of the registration (Art. 9 and 30 Mortgage Law).

In 2 key points

  1. Substantial omission or inaccuracy regarding the nature, location, boundaries, or measurements of properties nullifies the registration (art. 30 Ley Hipotecaria)
  2. Every registration must state the nature, location, boundaries, and surface area of the property (art. 9.1 Ley Hipotecaria)

How it affects those involved

For heirs and owners, a lack of technical precision in inheritance deeds can block the land registry of specific assets (Art. 18 Mortgage Law). Notaries and technical experts must ensure that the description of the nature (rural/urban), location, and boundaries is exact to prevent the registration from being declared void (Art. 9 and 30 Mortgage Law).

Lifecycle

2026-06-11PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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