The Directorate General for Legal Certainty and Public Faith has resolved an appeal against a land registry assessment note, establishing that the assessment must be global and unitary (Art. 19 bis of the Mortgage Law). It has been determined that Registrars cannot issue successive assessments that present new grounds for non-registrability which were not detected during the initial review. The case examines the suspension of a new building registration due to a lack of coordinates and the absence of public hydraulic domain authorisation.
For individuals and owners, this resolution limits the Land Registry's ability to delay the registration of titles through successive requirements for defects not initially detected. Registrars are obliged to conduct a comprehensive examination of the document during the first assessment to prevent legal uncertainty and unjustified delays. Failure to comply with the principles of celerity and ex officio promotion may lead to disciplinary liability (Art. 74 and 75 LRJPAC).
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