The Directorate General for Legal Certainty and Public Faith analyses the legality of registering a new georeferenced graphic representation that rectifies a previous one to adjust a property's area to its physical reality (Art. 199.2 of the Mortgage Law). The case concerns a request to increase a registered area from 12,829.04 m² to 32,967.58 m² through a new literal and graphic description. The resolution addresses the Registrar's power to assess the legality of these documents and the obstacles arising from the Land Registry itself (Art. 18 of the Mortgage Law).
For owners of properties where the registered area does not match the physical reality, the possibility of undertaking rectifying legal transactions to align the graphic basis with the extra-registry reality is confirmed. The process requires the prior processing of the file under Article 199.2 of the Mortgage Law and the absence of opposition from neighbouring owners. Registrars retain the power of negative qualification if they detect doubts regarding identity or a lack of clarity in the circumstances of the registration (Art. 18 of the Mortgage Law and Art. 98 of the Mortgage Regulations).
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