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BOE-A-2026-14985 ·9 July 2026 ·Resolution Low impact
Tax

Refusal to register alternative graphic base due to boundary disputes and lack of geometric certainty

The Directorate General for Legal Certainty and Public Faith has upheld the refusal to register an alternative georeferenced graphic base for property 39,946 in Colunga (Art. 199 of the Mortgage Law). The decision is based on doubts regarding identity and overlaps with the adjacent property, following negative technical reports from neighbours. The procedure cannot proceed if the new georeferencing, while correcting a cadastral error, results in an encroachment on the neighbouring plot or creates uncertainty regarding the actual boundary.

In 2 key points

  1. Notification to neighbours is an essential procedure to prevent legal vulnerability due to potential excess surface area (Art. 199.2 of the Mortgage Law) (art. 199.2 Ley Hipotecaria)
  2. Refusal based on well-founded doubts regarding identity, overlaps, and discrepancy with physical reality (Fundamentos de Derecho A)

How it affects those involved

For owners attempting to rectify their graphic base under Article 199 of the Mortgage Law, this ruling emphasises that merely correcting a cadastral error is insufficient if it creates controversy with neighbours. Neighbours have an essential right to intervene to prevent prejudice to their own land (Art. 199.2 of the Mortgage Law). In cases of boundary disputes lacking clear evidence of possession, registration will be denied to prevent the infringement of third-party rights.

Lifecycle

2026-07-09PublishedPublished 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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