The Directorate General for Legal Certainty and Public Faith has resolved an appeal against a registrar's negative qualification note, which suspended the registration of a property's surface rectification and georeferencing (under Art. 199 of the Mortgage Law). The suspension followed allegations made by neighbouring owners who provided topographic plans and court orders for boundary demarcation to prove the existence of easements of way established through long-term use. The procedure aims to rectify the description of registered property 46,737 in Mijas via a cadastral rectification file.
For the property owner, the negative qualification resolution results in a delay in registering the new graphic base and the rectification of the property's surface area. For neighbouring owners, the regulation allows them to exercise their right to submit claims during the Article 199 Mortgage Law procedure to protect their easement or boundary rights. The legal conflict focuses on the contradiction between the submitted cadastral georeferencing and the physical and legal reality of the paths and easements claimed by the neighbours.
The administrative team reviews your specific situation.