The Directorate General for Legal Certainty and Public Faith has upheld the refusal to register a descriptive rectification and georeferencing requested by the Archdiocese of Santiago de Compostela (Art. 199 of the Mortgage Law). The Registrar of Arteixo determined that the discrepancy between the registered area (1,554 m2) and the cadastral area (3,412 m2) raises doubts regarding the identity of the property. Furthermore, it was noted that the operation involves subdivision, first registration, and consolidation, which requires administrative authorisations (Art. 11 of the Consolidated Text of the Land Law and Urban Rehabilitation) and compliance with Article 205 of the Mortgage Law.
For the property owner (the Archdiocese), the rectification of the surface area and georeferencing is blocked until identity doubts are resolved and the relevant administrative authorisations are obtained. For professionals (notaries and registrars), the case highlights the importance of consistency between physical reality, the Cadastre, and the Land Registry, warning that significant discrepancies in surface area may lead to a negative assessment due to lack of property identity.
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