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The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against a registrar's refusal to rectify the graphic representation of a property to exclude an area encumbered by an aqueduct easement. The ruling emphasises that the rectification of registry entries must respect principles such as successive chain of title and judicial safeguard (Articles 1, 20, 38, 40, and 82 of the Mortgage Law). In this instance, the registration was carried out based on cadastral and municipal boundaries, meaning it remains subject to judicial oversight following a neighbouring owner's claim to modify the surface area based on prior real rights.
This ruling clarifies that while graphic representations can be rectified based on cadastral or municipal boundaries, any disputes involving third-party rights or changes to property area must be resolved through the courts rather than through administrative registry rectification.
The tax team reviews your specific situation.
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