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The Directorate General for Legal Security and Public Faith has ruled on an appeal against a registrar's refusal to register an inheritance award. The dispute arose because the property had a marginal note regarding an expropriation of three areas, which led the registrar to demand a rectification of the description and georeferencing (Art. 9 of the Mortgage Law). The resolution examines whether discrepancies between the land registry description and the cadastral description prevent the registration of the transfer.
For individuals processing inheritances or property transfers involving expropriation notes or surface area discrepancies, this ruling reinforces the doctrine that doubts regarding the correspondence between the registry property and the cadastral plot should not prevent the registration of the transfer (Facts II). This prevents registry blockages when descriptive differences are minimal (less than 5%) and a descriptive and graphic cadastral certificate is available.
The tax team reviews your specific situation.
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