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BOE-A-2026-2788 ·6 February 2026 ·Resolution Low impact
Tax

Individuals: Directorate General for Legal Certainty confirms property details must be included to record presentation entry

The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against a registrar's refusal to record the presentation entry of a court judgment. The ruling ratifies that, pursuant to Article 246 of the Mortgage Law, the presentation entry must mandatorily include a reference to the registered property or properties to be valid. In this instance, the absence of such a reference prevented the entry from being recorded (Art. 246).

In 2 key points

  1. The presentation entry must state the person in whose favour the registration is to be made and the registered property or properties (Art. 246) (art. 246)
  2. The entry is refused if the document is not a registrable title due to its nature or content (Art. 2 and 42 Mortgage Law) (art. 2 y 42 Ley Hipotecaria)

How it affects those involved

For individuals presenting judicial documents (judgments) at the Land Registry, the requirement that the title clearly identifies the affected property is confirmed. The failure to mention the registered property or properties in the submitted document is grounds for refusing the presentation entry due to non-compliance with the content requirements stipulated by the Mortgage Law (Art. 246).

Lifecycle

2026-02-06PublishedPublished 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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