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The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against the suspension of the registration of an undivided half of a rural estate in Sobrado. The Registrar of Arzúa suspended the entry on the grounds that the chain of titles (an inheritance followed by successive sales between siblings) was created solely for the purpose of achieving registration through artificial means (Articles 18, 19, and 19 bis of the Mortgage Law). The appealing notary defends the lawfulness of the acts and the autonomy of the heirs' will.
For individuals and heirs, the ruling highlights the risk of the Administration detecting successive transmission structures (inheritance plus sales between co-heirs) that lack a logical economic purpose and appear designed exclusively to circumvent registration requirements. For notary professionals, the case highlights the tension between the duty to advise and the registry's assessment regarding the appearance of the authorised titles.
The tax team reviews your specific situation.
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