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BOE-A-2026-17339 ·8 August 2026 ·Resolution not-relevant
Administrative

Judicial prohibition to dispose: prevails over sales deeds prior to preventive annotation

The General Directorate of Legal Security and Public Faith confirms that a prohibition to dispose ordered by a Court blocks the Registry for any dispositive act, even if the sale deed predates the preventive annotation. The resolution establishes that, in judicial proceedings, the public order nature of precautionary measures prevails over the preferential efficacy of registry transmissions (First Legal Ground).

In 2 key points

  1. A judicial prohibition on disposal closes the Land Registry to all acts of disposal, including those executed prior to the recording of the measure (Fundamento Primero)
  2. The public policy component of precautionary measures prevails over the preferential efficacy of prior transfers (Fundamento Primero)

How it affects those involved

For purchasers of properties involved in ongoing legal proceedings, the registration of their sale may be suspended if a prohibition on disposal order is in place, even if their deed predates the recording of said measure. This implies a risk of the property being blocked by judicial precautionary measures which, due to their public policy nature, take precedence over the principle of registration priority (First Ground).

Lifecycle

2026-08-08PublishedPublished 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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