The Directorate General for Legal Certainty and Public Faith confirms that the preventive annotation of a complaint is not an expressly permitted guarantee measure in the Land Registry (Art. 42.1 Mortgage Law). To protect a right, the mechanism of annotation of a claim must be sought through a judicial order (Facts II). The resolution emphasises that registrable titles must be public deeds, judicial documents, or authentic documents (Art. 3 Mortgage Law).
For companies (such as Gama Terra 4350, SL) and individuals attempting to protect rights over properties by presenting complaints or private documents to the Registry, the request will be denied due to the lack of an authentic title (Art. 3 Mortgage Law). The risk for the interested party is the ineffectiveness of the guarantee measure if it is not processed through a judicial order for the annotation of a claim. Photocopies or documents without notarial authorisation are not permitted for this purpose (Facts II).
The tax team reviews your specific situation.