Skip to content
BOE-A-2026-12833 ·13 June 2026 ·Resolution Low impact
Tax

Land registration: public title required to prove property acquisition at least one year prior to the deceased's death

The Directorate General for Legal Certainty and Public Faith has established that, to register a property via a registration title (such as an inheritance), it is mandatory to present a public title proving that the deceased acquired the property at least one year before their death. An act of notoriety may serve as a prior title, provided the notary issues a formal judgment regarding the proof of said acquisition and its exact date (Art. 205 of the Mortgage Law and Art. 209 of the Notarial Regulations).

In 2 key points

  1. Requirement of a public title proving the acquisition of the property at least one year before the death of the deceased (Resolución de 25 de febrero de 2026)
  2. The act of notoriety must include the notary's formal judgment regarding the proof of prior acquisition and its date (art. 209 Reglamento Notarial)

How it affects those involved

For individuals seeking to register properties through inheritance processes or acts of notoriety, the burden of proof is increased: it is no longer sufficient to declare the notoriety of possession; a public document is required to certify the date of acquisition prior to the deceased's death with a minimum margin of one year. This increases the risk of a negative assessment by the Land Registry if the act of notoriety does not contain the notary's formal judgment regarding the date of acquisition (Art. 209 of the Notarial Regulations).

Lifecycle

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

Does this provision affect you?

The tax team reviews your specific situation.

Talk to the tax team
This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
Email
Contact