The Directorate General for Legal Certainty and Public Faith has upheld the refusal to grant a preventive annotation of a criminal complaint regarding properties in Adeje. The ruling establishes that for a criminal complaint to be eligible for annotation, it is essential that the registered owner is a party to the judicial proceedings, in compliance with the principle of successive chain of title (legal grounds 2 and 3). The objective is to ensure the effectiveness of the action for the restitution of property that such an annotation entails.
For complainants, the ruling limits the ability to protect rights over real estate through preventive annotations if the current owner is not a party to the criminal case (legal ground 3). Registered owners who are not parties to the proceedings remain protected against such annotations. Legal professionals must verify the standing of the registered owner before requesting annotations of criminal complaints to avoid refusals based on a lack of successive chain of title.
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