BOE-A-2026-17144 ·6 August 2026 ·Resolution not-relevant
Administrative

Ruling on the cancellation of a resolutory condition in the Land Registry via a notarial deed of notoriety

The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against the refusal of the Ponteareas Registrar to cancel a resolutory condition. The case examines whether it is possible to achieve the registry cancellation of a guarantee based on the fulfilment of obligations (care and assistance) by presenting a deed of consent from heirs and a notarial deed of notoriety declaring the statute of limitations on the actions (Art. 82.5 of the Mortgage Law).

In 2 key points

  1. Possibility of cancelling a resolutory condition due to the fulfilment of guaranteed obligations (Art. 82.5 of the Mortgage Law). (art. 82.5 Ley Hipotecaria)
  2. Use of a notarial deed of notoriety to declare the statute of limitations on actions derived from guarantees (Art. 82.5 of the Mortgage Law). (art. 82.5 Ley Hipotecaria)

How it affects those involved

For owners and heirs, this ruling defines the feasibility of using notarial deeds of notoriety to cancel registry charges based on obligations to act or refrain from acting. The dispute arises when the Registrar denies the entry due to insufficient documentary evidence to prove the extinction of the registered resolutory condition (Art. 18 and 19 of the Mortgage Law).

Lifecycle

2026-08-06PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.
PDF on boe.es

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