The Directorate General for Legal Certainty and Public Faith has dismissed an appeal against a registrar's positive qualification. The ruling establishes that administrative appeals are only available against negative qualifications (Art. 324 Mortgage Law). Once a registry entry has been made, it produces legal effects, and any inaccuracy can only be declared through judicial proceedings (Art. 1.3 Mortgage Law). To rectify errors in property descriptions, such as the surface area of a garage space, the consent of the owners or a court order is required (Art. 40.d Mortgage Law).
For individuals who detect errors in their property descriptions following registration (such as incorrect square footage or parking space numbers), an administrative appeal to the Directorate General is inadmissible if the registrar has already completed the entry (Art. 324 Mortgage Law). The affected party must pursue judicial action to declare the entry inaccurate or seek rectification through the consent of the co-owners (Art. 40.d Mortgage Law).
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