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BOE-A-2026-5086 ·4 March 2026 ·orden Low impact
Tax

Properties bordering the maritime public domain: suspension of land registry rectification due to conflict with boundary delimitation confirmed

The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against a registrar's decision to suspend the rectification of a property in Xeraco. The conflict arises because the property description contradicts the maritime-terrestrial public domain boundary established by Ministerial Order (Art. 36, third rule, RD 876/2014). The resolution examines the application of the General Coastal Regulations in light of the potential encroachment on public domain land.

In 2 key points

  1. If a property intersects with the public domain delimited by ministerial order, the registrar must refuse registration and cancel the entry (Art. 36, third rule, RD 876/2014) (art. 36, regla tercera, del Real Decreto 876/2014)
  2. Registration may be made subject to the outcome of the boundary delimitation proceedings if the encroachment has not yet been formally approved (Art. 36.4 RC) (art. 36.4 RC)

Lifecycle

2026-03-04PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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