The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against the refusal to rectify a marginal note in the Valladolid No. 5 Land Registry. The appellant sought to correct a conceptual error stemming from a 1973 entry that divided a property into 187 plots, creating an undivided co-ownership contrary to law (Art. 211 LH). The resolution confirms that the division was not the result of a prior title or decision, but rather a de facto action (vía de hecho) that violates the 1956 Land Law and the Civil Code by including mandatory public elements, such as roads and green zones, within private co-ownership (grounds 5.2 and 5.3).
For holders of real rights (usufructuaries or owners) affected by registry entries that do not reflect the legal reality of land division, this ruling confirms that errors produced by de facto action (without supporting title) cannot be rectified through the conceptual error procedure (Art. 211 LH) if there is no prior decision originating them. This implies that direct registry rectification is insufficient when the illegality lies in how the property division was executed against applicable urban planning and civil regulations.
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