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The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against the suspension of the cancellation of a replacement plot resulting from land consolidation (plot 7,004) due to alleged double registration (Art. 18 Mortgage Law). The Registrar of Sahagún suspended the entry, arguing that the coexistence of land registry folios for both original and replacement plots creates legal uncertainty and a lack of clarity regarding whether the plot was excluded from the consolidation process (Art. 207.2 and 207.5 Land Consolidation Law).
For owners of rural plots resulting from land consolidation processes, the ruling highlights the complexity of land registry publicity when folios for original and replacement plots coexist. The lack of clarity as to whether a plot was excluded or is a replacement plot can lead to situations of double registration and the dissociation of legal acts (Art. 207.2). The risk for the titleholder is uncertainty regarding ownership and the validity of entries in the land registry folio.
The tax team reviews your specific situation.
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