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BOE-A-2026-293 ·5 January 2026 ·Resolution Low impact
Tax

Private individuals: potential registration of rectifying georeferencing to align registered area with physical reality

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).

In 2 key points

  1. Possibility of rectifying the graphic basis to align the property with the physical reality of ownership (art. 199.2 Ley Hipotecaria)
  2. The Registrar may refuse registration due to Registry obstacles or lack of clarity in the description (art. 18 Ley Hipotecaria)

How it affects those involved

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).

Lifecycle

2026-01-05PublishedPublished 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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