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BOE-A-2026-5493 ·9 March 2026 ·Resolution Low impact
Administrative

Ownership 'ob rem': transmission of the main property implies transmission of the linked quota without additional consent

The General Directorate of Legal Certainty and Public Faith analyzes the nature of 'ob rem' ownership, where one property is legally linked to another. It is established that acts of transmission and encumbrance must occur on both properties jointly and in favor of the same acquirer (Resolution of October 28, 2013). Therefore, the transmission of the main element entails the transmission of the linked quota without requiring additional contractual consent for the latter.

In 2 key points

  1. The transfer of the principal estate implies the transfer of the 'ob rem' linked share without additional consent (IV)
  2. Acts of transfer and encumbrance must be carried out on both estates jointly and in favour of the same purchaser (Resolución de 28 de octubre de 2013)

How it affects those involved

For purchasers of estates with 'ob rem' ownership, the transfer of the principal property automatically carries the ownership of linked estates, simplifying the chain of title (Resolution of 28 October 2013). Notaries and registrars must note that altering this configuration requires the consent of all owners, but not separate consent for the linked share. This avoids the need to perform independent legal transactions for each of the linked estates within the same act.

Lifecycle

2026-03-09PublishedPublished 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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