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BOE-A-2026-4191 ·23 February 2026 ·Resolution Low impact
Tax

Resolution of the Directorate General for Legal Certainty: challenge against the suspension of land area rectification for an expropriated property

The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against a decision made by a Land Registrar in Ávila. The dispute concerns a request to rectify the surface area of a property following a compulsory expropriation process, distinguishing between the loss of ownership due to expropriation and easements such as air rights or temporary occupation (Facts I). The appellant argues that the latter should not be counted as a reduction in the total surface area of the property (Facts I).

In 2 key points

  1. Request for surface area rectification: from 6,082 m2 to 7,342 m2 in the main property (Facts I). (Hechos I)
  2. Differentiation between expropriation and air rights or temporary occupation to prevent surface area reduction (Facts I). (Hechos I)

How it affects those involved

For registered owners of properties affected by expropriations, this resolution addresses the importance of correctly distinguishing between the loss of ownership and the creation of limited real rights (such as easements) in the Land Registry (Facts I). The case highlights the risk of temporary burdens or easements being erroneously recorded as a reduction in total surface area, thereby affecting the legal status of the property (Facts I).

Lifecycle

2026-02-23PublishedPublished 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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