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BOE-A-2026-1527 ·22 January 2026 ·Resolution Low impact
Tax

Individuals: Directorate General for Legal Certainty confirms requirement to prove chain of title for adverse possession registrations

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.

In 2 key points

  1. The obligation to respect the chain of title pursuant to Art. 20 of the Mortgage Law for the registration of adverse possession. (art. 20 LH)
  2. The burden of clarifying the chain of title when the registered owner is not named in the claim lies with the interested party. (Auto de fecha 22 de abril de 2025)

How it affects those involved

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.

Lifecycle

2026-01-22PublishedPublished 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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