BOE-A-2026-17552 ·11 August 2026 ·Resolution not-relevant
Administrative

Refusal of registration: lack of signature authentication and the need to register prior inheritances prevent rectification

The Directorate General for Legal Certainty and Public Faith has analysed an appeal against the refusal to register a deed for inheritance, declaration of new works, and rectification of description (Art. 201.2 of the Mortgage Law). The Registrar of Campillos denied the application because the private instrument presented lacked an authenticated signature and because the inheritance deed of one of the co-owners had not been previously registered (Art. II.2 of the qualification note).

In 2 key points

  1. Requirement for signature authentication in private instruments for rectification procedures (art. II.1 de la nota de calificación)
  2. Obligation to register the inheritance deed of co-owners before proceeding with rectification (art. II.2 de la nota de calificación)

How it affects those involved

For landowners seeking to rectify descriptions or declare new works under Article 201.2 of the Mortgage Law, this ruling emphasises that any private instrument must feature an authenticated signature. Furthermore, it confirms that to register rights over undivided shares, it is imperative to have previously completed and registered the chain of hereditary transfers of the previous owners (Art. II.2 of the qualification note).

Lifecycle

2026-08-11PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.
PDF on boe.es

Does this provision affect you?

The administrative team reviews your specific situation.

Talk to the administrative team
This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
Email
Contact