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The Directorate General for Legal Certainty and Public Faith has ruled on an appeal regarding a registrar's refusal to register a legacy of a right of habitation. The resolution reaffirms that the rectification of registry entries requires the consent of all rights holders or, failing that, a judicial resolution in declaratory proceedings (Art. 40 of the Mortgage Law). It emphasises that registry entries are under judicial safeguard and cannot be modified unilaterally if they affect the rights of third parties (Art. 1 of the Mortgage Law).
For holders of rights registered in the Land Registry, this resolution strengthens legal certainty by preventing the rectification of entries that affect their rights without their consent or a court order (Art. 40 of the Mortgage Law). Individuals seeking to register rights derived from wills or partitions must ensure that the rectification does not conflict with previous entries; otherwise, they must pursue judicial remedies (Art. 1 of the Mortgage Law).
The tax team reviews your specific situation.
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