BOE-A-2026-5156 ·5 March 2026 ·Resolution Low impact
Tax

Individuals cannot directly request a preventive annotation for the right of pre-emption by adjacent owners at the Land Registry

The Directorate General for Legal Certainty and Public Faith has confirmed the legality of a registrar's refusal to record the presentation of an application for the right of pre-emption by adjacent owners. The ruling establishes that such requests cannot, in themselves, trigger a direct registry operation (Art. 420.3 of the Mortgage Regulations). To obtain a preventive annotation, the interested party must request it via a judicial order from the relevant court (Art. 43.1 of the Mortgage Law).

In 2 key points

  1. The registrar shall not record the presentation of documents that, by their nature, cannot trigger a registry operation (Art. 420.3 of the Mortgage Regulations) (art. 420.3 Reglamento Hipotecario)
  2. A preventive annotation can only be ordered via a judicial order (Art. 43.1 of the Mortgage Law) (art. 43.1 Ley Hipotecaria)

How it affects those involved

For individuals seeking to exercise the right of pre-emption by adjacent owners over rural estates, seeking a preventive annotation directly through the Land Registry is improper (Art. 420.3 of the Mortgage Regulations). The risk for the interested party is a loss of time if they attempt the registry route without first pursuing the judicial route, which is the only way to order such an annotation through a court order (Art. 43.1 of the Mortgage Law).

Lifecycle

2026-03-05PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.
PDF on boe.es

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