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BOE-A-2026-5838 ·12 March 2026 ·Act critical
Tax

Application under Article 199 of the Mortgage Law denied due to georeferencing overlap

The Resolution of 12 December 2025 denies the processing of the file under Article 199 of the Mortgage Law due to an overlap between the submitted georeferencing and that registered for an adjacent property. This type of denial occurs when the new georeferencing fails to meet the requirement of not overlapping with existing registrations. The ruling is based on the assessment of spatial coincidence between plots, in accordance with the criteria established in the Mortgage Law.

In 2 key points

  1. Processing is denied due to georeferencing overlap (resolución de 12 de diciembre de 2025)
  2. The submitted georeferencing must be compatible with that registered for the adjacent property (art. 199 Ley Hipotecaria)

How it affects those involved

Owners of properties affected by georeferencing overlap lose the right to initiate rectification proceedings. Registrars must carefully review georeferencing data before accepting applications. Property advisors should verify the spatial compatibility of georeferencing before submitting private petitions. Stakeholders must exercise greater precision when providing cadastral data.

Lifecycle

2026-03-12PublishedPublished in the BOE
2025-12-12Into forceComes into force (resolución de 12 de diciembre de 2025)
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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