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The Directorate General for Legal Certainty and Public Faith has upheld the suspension of the registration of a property via a public deed based on agreements reached through alternative dispute resolution mechanisms (Organic Law 1/2025). The Registrar determined that usucapion, as an original mode of acquisition, requires a final court judgment when the property is registered in favour of a third party, and a mere agreement to recognise rights is insufficient (Articles 2 and 3 of the Mortgage Law).
For individuals seeking to prove ownership through usucapion (adverse possession), this criterion confirms that out-of-court agreements or dispute resolution mechanisms do not replace the need for a declaratory court judgment to access the Land Registry if a different registered owner exists (Articles 2 and 3 of the Mortgage Law). Companies and registered owners maintain the security of their registration against private agreements recognising possession.
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