The Directorate General for Legal Certainty and Public Faith has dismissed a government appeal, clarifying that the sole purpose of such appeals is to determine whether the registrar's qualification complies with the law (Art. 326 of the Mortgage Law). The ruling establishes that once a registry entry has been made, it falls under the protection of the courts and cannot be rectified through this procedure; instead, it requires the consent of the interested parties or a court judgment (Art. 1.3 and Art. 40.c of the Mortgage Law).
For individuals seeking to challenge entries already made in the Land Registry, this ruling confirms that an appeal against qualification is not the appropriate procedural route to request the cancellation of entries (Art. 326 of the Mortgage Law). In the event of an error or a request for rectification, the affected party must pursue judicial action under Articles 40.c and 211 of the Mortgage Law, or alternatively, obtain the consent of all interested parties and the registrar.
The tax team reviews your specific situation.