The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against the suspension of the registration of a declaratory judgment of ownership by acquisitive prescription. The Registrar suspended the registration on the grounds that neither the death of the registered owner nor the correct direction of the proceedings against their successors or the dormant estate (herencia yacente) had been properly proven (Art. 166 Mortgage Regulations; Art. 6.4 and 265.1 LEC). The text details the documentary requirements necessary to validate procedural succession in such cases.
For individuals seeking to register usucaption judgments against deceased owners, the ruling emphasises the burden of proving procedural succession. The judgment alone is insufficient; it is necessary to provide a death certificate, the title of succession, and a certificate from the Register of Last Wills to demonstrate that the proceedings were directed against legitimate interested parties or the dormant estate with a judicial administrator (Art. 790 LEC). Failure to meet these documentary standards will result in the suspension of the land registry's qualification.
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