BOE-A-2026-12829 ·13 June 2026 ·Resolution Low impact
Tax

Default judgments: cannot be registered in the Land Registry until rescission period expires

The Directorate General for Legal Certainty and Public Faith confirms that a declaratory judgment of ownership by usucapion issued in default cannot be directly registered in the Land Registry if the time limits for the rescission action (Art. 524.4 LEC) have not elapsed. While such an action is still possible, the judgment may only be subject to a preventive annotation (Art. 524 LEC). Failure to meet this requirement prevents the document from being entered into the registry books.

In 3 key points

  1. Rescission periods: 20 days or 4 months (depending on personal notification or edicts) or 16 months due to force majeure (Art. 524.4 LEC). (art. 524.4 LEC)
  2. A default judgment only allows for preventive annotation while the rescission action remains possible (Art. 524 LEC). (art. 524 LEC)
  3. A 2-month period to appeal the resolution before the Civil Court (Art. 325 and 328 Mortgage Law). (art. 325 y 328 de la Ley Hipotecaria)

How it affects those involved

For individuals obtaining usucapion judgments against companies in default, ownership will not be fully registrable immediately, being limited to a preventive annotation until the expiry of the rescission periods (Art. 502 LEC) is proven. Companies sued in default remain at risk of the rescission action during the periods of 20 days, 4 months, or 16 months, depending on the circumstances (Art. 524.4 LEC).

Lifecycle

2026-06-13PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.
PDF on boe.es

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