The Directorate General for Legal Certainty and Public Faith has ruled on an appeal regarding a registrar's negative assessment, which suspended the registration of an adverse possession judgment. The ruling emphasises that to register ownership acquired through prescription, it must be proven that the claim was brought against the current registered owner or, failing that, that previous entries are provided to reconstruct the chain of title (Art. 20 of the Mortgage Law). The decision confirms that the burden of clarifying the legal relationship and the chain of title lies with the interested party rather than the judicial body.
For individuals seeking to register properties acquired via an adverse possession judgment, the ruling establishes that a final judgment alone is insufficient; it is imperative that the judicial proceedings included the current registered owners as defendants to respect the chain of title (Art. 20 of the Mortgage Law). If the owner has deceased, the interested party must provide the necessary documentation to reconstruct the property's legal history, bearing the burden of proof before the Land Registry.
The tax team reviews your specific situation.