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The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against a Registrar's decision to deny the registration of a sale. The dispute arose from two issues: the lack of exact correspondence between the sellers' registered German identity documents and those presented in the deed, and the discrepancy between the property description (dwelling versus plot of land) and Cadastral data. The text examines the tension between notarial public faith and the requirement for legal certainty in the Land Registry (Art. 18 of the Mortgage Law).
For individual owners, the ruling highlights the risk of registration refusal if foreign identity documents do not match the data recorded in the Land Registry exactly. Furthermore, for those undertaking descriptive rectifications, it demonstrates that discrepancies with the Cadastre do not automatically invalidate the registry's reality, although the Registrar may suspend registration if doubts exist regarding the identity of the holders (Art. 9, 18, and 21 of the Mortgage Law).
The tax team reviews your specific situation.
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