The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against a Registrar's decision to suspend the registration of an inheritance deed. The dispute concerns the allocation of a parking right and the right to install an elevator in a premises which, according to the Land Registry, is designated as a warehouse rather than a garage. The suspension is based on the lack of specific determination of the rights and the breach of the principles of speciality and successive chain of title (Articles 18, 19, 19 bis, and 20 of the Mortgage Law).
For heirs and legatees, this ruling confirms the impossibility of registering rights over elements that are not clearly defined or that contradict the registered description of the property. The beneficiary of the legacy cannot exercise the right to use the parking space or the right to install an elevator if the property is not correctly described for such purposes in the Land Registry. This reinforces the necessity for inheritance partitions to strictly adhere to the description and use of registered properties to avoid suspension of registration (Art. 20 Mortgage Law).
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