The Directorate General for Legal Certainty and Public Faith has upheld the refusal to register the rectification of area and georeferencing of a property requested by the company «La Noria de Casas del Río, S.L.» (Facts I). The decision is based on objections raised by various authorities (Hydrographic Confederation, City Council, and Forestry Section) regarding the potential encroachment on the public domain (Facts II). The Registrar must deny registration if there are well-founded doubts regarding whether the property coincides with the public domain, in accordance with Article 199 of the Mortgage Law.
For the owning company, the resolution prevents the update of the property's graphic representation and area, maintaining the previous registry status due to the risk of affecting the public domain (Facts II). Public Administrations (hydrographic, municipal, and forestry) retain their power to object to protect the public domain against cadastral coordination processes (Facts II). The Registrar has a legal obligation to deny registration if the graphic identification coincides with the public domain (Art. 199 Mortgage Law).
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