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BOE-A-2026-16134 ·24 July 2026 ·Resolution not-relevant
Administrative

Ruling on the suspension of land registry entry due to georeferenced coordinate encroachment

The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against the suspension of the registration of a new building declaration. The Registrar suspended the entry because the building's georeferenced coordinates encroach upon neighbouring plots or fall outside the boundaries of the property subject to the declaration (Arts. 18 and 19 of the Mortgage Law). The conflict arises from a discrepancy between the area occupied by the building and the property's georeferencing.

In 2 key points

  1. Suspension of registration due to coordinates exceeding plot boundaries and encroaching on neighbouring land, Arts. 18 and 19 of the Mortgage Law (art. 18 y 19 LH)
  2. Impossibility of registering a surface area rectification if the building is located outside the property's georeferencing, Art. 98 of the Mortgage Regulation (art. 98 RH)

How it affects those involved

For property owners with buildings, this ruling highlights the risk that technical georeferencing may not align with physical reality, preventing the registration of works or surface area rectifications (Arts. 18 and 19 of the Mortgage Law). In cases where constructions encroach on neighbouring plots due to differences in elevation or boundaries, the Registrar may suspend registration on the grounds that the construction is overextended.

Lifecycle

2026-07-24PublishedPublished 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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