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The Directorate General for Legal Certainty and Public Faith has dismissed a request to annul a descriptive and georeferencing rectification file. It has been established that, once georeferencing is registered, it acquires the status of a formal and solemn legal pronouncement (Art. 10.5 of the Mortgage Law). To modify the geographical boundaries of a property already registered, it is essential to obtain the consent of the registered owner or to pursue a contentious judicial procedure (Art. 38.2 of the Mortgage Law).
For owners who detect errors in their property boundaries following georeferencing registration, the administrative route for direct rectification is insufficient if there is opposition or a need to modify boundaries. The registered owner is protected by mortgage principles regarding the registered coordinates, which requires interested parties to initiate judicial proceedings to challenge the accuracy of the registry (Art. 38.2 of the Mortgage Law).
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