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The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against the refusal of a filing entry at the Madrid Land Registry No. 19. The interested parties sought to register the transfer of bare ownership of a property and a garage to their daughter using a private application and supplementary documentation, claiming a tacit transfer derived from a previous mortgage. The resolution analyses the impropriety of using this procedure to modify the ownership of real estate.
For individuals wishing to transfer the bare ownership of their assets, the ruling confirms that such a transfer cannot be carried out through simple private writings or applications addressed to the Registry, even if accompanied by documents such as loan deeds or letters of discharge. Any modification to the ownership of bare ownership or full ownership requires the formalisation of appropriate public instruments (notarial deeds) for subsequent registration.
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