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The Directorate General for Legal Certainty and Public Faith has upheld the refusal to register an alternative georeferencing and the rectification of a property's surface area (Art. 199 of the Mortgage Law). The decision is based on the fact that, as neighbouring owners have submitted claims expressing opposition due to alleged encroachment on their plots, the automatic registration of the new graphic description is not permitted. The procedure under Article 199.2 of the Mortgage Law is blocked due to the dispute regarding property boundaries.
For the property owner seeking to rectify their surface area, the resolution means they cannot update their registry description via the simplified procedure under Article 199 of the Mortgage Law as long as the neighbours' opposition persists. Neighbours (owners of adjacent plots) succeed in halting the registration by submitting claims based on topographical surveys that contradict the proposal (Art. 199.2 Mortgage Law). This forces the parties to resolve the boundary dispute through other legal channels before they can proceed with the registry entry.
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