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BOE-A-2026-14300 ·1 July 2026 ·Resolution Low impact
Corporate

Cancellation of resolutory condition: private application with notarised signature admitted for land registry purposes

The Directorate General for Legal Certainty and Public Faith has ruled that a private application with a notarised signature is valid for requesting the cancellation of a resolutory condition registered in the Land Registry. The ruling confirms that if the original sale deed authorised the buyer to request cancellation via a notarial act proving payment, a public deed is not mandatory for this procedure (Facts I). This criterion is based on the original deed's capacity to serve as the title for cancellation when accompanied by the private application (Legal Grounds).

In 2 key points

  1. A private application with a notarised signature is valid for requesting the cancellation of a resolutory condition (Hechos I)
  2. The sale deed can serve as the title for cancellation if it is accompanied by the private application (Fundamentos de Derecho)

How it affects those involved

For purchasing companies (such as Altanea Playa, SL or Kiliriki Casa, SL), this ruling facilitates property management by allowing cancellation procedures via private applications, thereby reducing the notary costs associated with new public deeds. Registrars must admit such requests provided that the original deed contains the power of unilateral cancellation and payment is proven through legitimised documents (Facts I).

Lifecycle

2026-07-01PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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