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BOE-A-2026-16224 ·25 July 2026 ·Resolution Low impact
Administrative

Denial of registry rectification: Directorate General confirms validity of entry without prejudging the nature of assets

The Directorate General for Legal Certainty and Public Trust has dismissed an appeal against the refusal of the Land Registrar of Valladolid No. 6 to rectify a title deed entry. The ruling establishes that the 1965 entry was correctly executed in accordance with Article 95 of the Mortgage Regulations in force at that time, as it recorded that the acquisition was made without proof of the separate nature of the funds used. As there is no conceptual error, the requested rectification under Article 219 of the Mortgage Law is not applicable.

In 2 key points

  1. Rectification due to conceptual error is not applicable as there is no recognition of error by the Registrar (Article 219 of the Mortgage Law) (Fundamentos jurídicos II.1)
  2. The 1965 entry complied with Article 95 of the Mortgage Regulations in force at that time (Fundamentos jurídicos II.1)

How it affects those involved

For the individual applicant, the ruling confirms that they cannot modify the registry entry to record it as a separate asset based solely on the 1964 deed, as the separate nature of the funds was not proven at that time. The resolution ratifies the registrars' power of classification (Article 18.1 of the Mortgage Law) and the validity of entries made under the historical regulations applicable at the time.

Lifecycle

2026-07-25PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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