The Directorate General for Legal Certainty and Public Faith has upheld the refusal to register a deed for the adaptation of a property to the Cadastre and the rectification of its surface area. The ruling establishes that it is not possible to register surface areas that include elements not declared in the deed (such as a mezzanine) as this violates the principle of speciality and the chain of title (Art. 20 of the Mortgage Law). Furthermore, the registration of surface areas that affect common elements is prohibited, as it contradicts the concept of private elements (Arts. 3 and 5 of the Horizontal Property Law).
For owners seeking to coordinate the Land Registry description with the Cadastre, the ruling warns that any discrepancy involving the inclusion of surfaces not expressly declared (such as mezzanines) or affecting common areas will result in the refusal of registration. This necessitates ensuring that the public deed provides absolute precision regarding all elements comprising the property's surface area to comply with the principle of speciality and the chain of title (Art. 20 of the Mortgage Law).
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