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The Directorate General for Legal Certainty and Public Faith has ruled on an appeal regarding the rectification of a property's georeferenced graphic representation. The dispute arose when a surface area rectification, based on cadastral and municipal boundaries, omitted an existing aqueduct easement affecting the neighbouring property. The ruling emphasises the importance of the principles of successive chain of title and the judicial safeguarding of registry entries (Articles 1, 20, 38, 40, and 82 of the Mortgage Law).
For owners of adjacent properties, the rectification of boundaries or surface areas in the Land Registry cannot ignore existing registered real rights (such as easements) to prevent the loss of rights over their property. Authorities and registrars must ensure that boundary demarcation and surface rectification processes (Article 201.3 of the Mortgage Law) do not undermine the legal certainty of owners affected by pre-existing encumbrances.
The tax team reviews your specific situation.
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