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BOE-A-2026-17471 ·10 August 2026 ·Resolution not-relevant
Administrative

Registration of land subdivision denied due to encroachment on municipal property

The Directorate General for Legal Certainty and Public Faith has confirmed the refusal to register a land subdivision requested by the company Ice Nansen, SLU. The Registrar denied the entry because the graphic representation of the subdivided portion (23,384.30 m2) encroaches upon registered property number 79054, owned by the Molina de Segura City Council, by an area of 1,634.48 m2. The resolution is based on the impossibility of registering the subdivision due to an irremediable defect in the georeferencing (Articles 9-b and 199-1 of the Mortgage Law).

In 2 key points

  1. Encroachment of 1,634.48 m2 on registered property 79054 belonging to the Molina de Segura City Council (Hechos II)
  2. Mandatory requirement to amend the subdivision licence if the graphic representation is rectified and the surface area changes (Hechos II)

How it affects those involved

For the applicant (Ice Nansen, SLU), the refusal prevents the correct legal delimitation of its land, thereby blocking the legal certainty of the subdivision. Should the graphic representation be rectified to avoid the encroachment, the company must also amend the subdivision licence to match the resulting new surface area, in accordance with R.D. 1093/1997. The Molina de Segura City Council maintains the integrity of its registered property against the subdivision claim.

Lifecycle

2026-08-10PublishedPublished 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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