BOE-A-2026-5947 ·13 March 2026 ·Resolution Low impact
Tax

Refusal of registration entry: private application is insufficient to rectify entries

The Directorate General for Legal Certainty and Public Faith has upheld the refusal to record a private application intended to rectify a registry entry. The submitted document fails to meet the requirements for a public deed or authentic document as mandated by Article 3 of the Mortgage Law (Art. 246.3). Furthermore, it is established that the rectification of entries must follow the procedure for registry inaccuracy provided for in Article 40 of the Mortgage Law.

In 2 key points

  1. Private documents are not eligible for registration if they lack the registry efficacy attributed by law, Art. 246.3 (art. 246.3)
  2. Registry rectification must be carried out in accordance with the cases of inaccuracy set out in Article 40 of the Mortgage Law (art. 40)

How it affects those involved

For co-owners or holders of rights wishing to rectify entries, it is clarified that a simple private application lacks the registry efficacy required to trigger operations in the Land Registry (Art. 246.3). The rectification of errors or breaks in the chain of title requires either the submission of authentic titles (deeds, judicial rulings) or the specific rectification procedure for inaccuracy (Art. 40).

Lifecycle

2026-03-13PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.
PDF on boe.es

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