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The Directorate General for Legal Certainty and Public Faith is examining whether the creation of a surface right over part of a rural estate requires the prior georeferencing of the entire estate. In this specific case, the debate concerns a registrar's negative assessment, which suspended the registration of a rural lease due to the lack of georeferencing for the specific portion of the estate subject to the right (Facts I). The resolution examines whether these acts should be equated to a subdivision of land, thereby requiring mandatory graphic representation under Law 13/2015 and the Mortgage Law.
For companies entering into surface rights or rural leases over partial plots, there is uncertainty regarding whether they must provide georeferencing for the entire registered estate or if describing only the portion subject to the right is sufficient. The risk for the appellant is the suspension of registration by the registrar if the act is deemed to constitute a de facto subdivision (Legal Grounds).
The tax team reviews your specific situation.
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