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The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against the negative assessment by the Land Registrar of Santa Cruz de Tenerife No. 1. The dispute arose following a request for surface area rectification and georeferencing of a property to align with the Cadastre (Art. 199.2 of the Mortgage Law). The suspension of the registration of the new building declaration is due to allegations submitted by neighbouring owners during the processing of the file.
For the owning companies («Desarrollo Sostenible Turístico Asesores, S.L.» and «Biosphere Experience, S.L.») and the individuals involved, the ruling affects the legal certainty of the registered description of their properties. The existence of third-party claims from neighbours during the procedure under Article 199.2 of the Mortgage Law can halt the update of area measurements and georeferencing, preventing full alignment between the Land Registry and the Cadastre.
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