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BOE-A-2026-2802 ·6 February 2026 ·Resolution Low impact
Tax

Companies and individuals: preventive annotations of complaints cannot be made via private documents or photocopies

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).

In 3 key points

  1. Registrable titles must be public deeds, enforceable judgments, or authentic judicial or government documents (Art. 3 Mortgage Law). (art. 3 Ley Hipotecaria)
  2. The preventive annotation of a complaint is not a figure expressly permitted in the registry (Art. 42.1 Mortgage Law). (art. 42.1 Ley Hipotecaria)
  3. For guarantee measures, the judicial mechanism of a judicial order for the annotation of a claim must be used (Facts II). (Hechos II)

How it affects those involved

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).

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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