BOE-A-2026-13170 ·17 June 2026 ·Resolution Low impact
Tax

Private individuals: appeal to cancel non-judicial title enforcement dismissed due to lack of registry entry

The Directorate General for Legal Certainty and Public Faith has upheld a registrar's negative assessment regarding the refusal to cancel the enforcement of non-judicial titles (Art. 18 Mortgage Law). The ruling establishes that it is impossible to cancel an entry that has not been made or is not recorded as active in the Land Registry, in accordance with the principles of legality and successive chain of title (Arts. 1, 38, and 40 Mortgage Law). The appellants' appeal was dismissed as there was no registry content upon which the requested cancellation could act.

In 2 key points

  1. An entry cannot be cancelled if it has not been made or is not recorded as active in the Registry (Arts. 1, 38, and 40 Mortgage Law). (art. 3)
  2. A two-month period to appeal via a claim before the Civil Court following notification (Arts. 325 and 328 Mortgage Law). (art. 4)

How it affects those involved

For private individuals (in this case, the appellants S. and F. J. R. M.), the ruling prevents the clearing of the property's title via cancellation through 10-year prescription, as the intended enforcement had not been previously registered. The interested parties remain unable to cancel a charge that does not appear in the Registry entries. Following this resolution, entitled parties have a two-month period to file a claim before the competent Civil Court (Arts. 325 and 328 Mortgage Law).

Lifecycle

2026-06-17PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.
PDF on boe.es

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