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BOE-A-2026-17358 ·8 August 2026 ·Resolution not-relevant
Administrative

Ruling on appeal against registry classification: dispute over the use of ownership proceedings to restore successive chain of title

The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against a registrar's refusal to register a court order from ownership proceedings. The conflict concerns whether ownership proceedings are appropriate to restore a successive chain of title when the acquirer has purchased directly from the registered owners, pursuant to Article 202 of the Mortgage Law.

In 2 key points

  1. Dispute over the appropriateness of ownership proceedings to restore the successive chain of title under Art. 202 of the Mortgage Law (art. 202 de la Ley Hipotecaria)
  2. The registrar denied registration, arguing that by purchasing directly from the owners, there is no chain of title to restore (Fundamentos de Derecho)

How it affects those involved

For individuals, the ruling determines the feasibility of regularising property ownership through ownership proceedings following an interruption in the chain of transfers. For the registry sector, the case raises a controversy regarding whether there is a chain of title to restore when the acquisition is made directly from the registered owners, affecting the legal certainty of ownership entries.

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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