Expropriations for highways: the Property Registry cannot require presenting all properties at once

Key data

The State Roads Demarcation in Western Castile and León attempted to register in the Property Registry of Valoria La Buena a property expropriated for a highway section. The registrar suspended the registration with an argument that blocked the procedure: she required that the documentation of all cadastral properties affected by that expropriation be presented simultaneously. The Administration appealed, arguing that it was acting in accordance with the procedure previously agreed with the registrar herself, registering property by property.

The Resolution of July 6, 2026 from the General Directorate of Legal Security and Public Faith rules in favor of the Administration and establishes a clear criterion for future registration procedures of road public domain assets.

What does this regulation establish?

The resolution analyzes the applicable regulatory framework and establishes the correct criterion for action. The regulations examined are:

• Expropriation Law: regulates the procedure for coercive acquisition of assets by the Administration.
• Law on the Patrimony of Public Administrations: establishes the regime for public domain assets.
• Roads Law: defines the legal regime of State road infrastructure.
• Mortgage Law: regulates access to the Property Registry and registration requirements.

The case presents a technical complexity common in large infrastructure projects: the cadastral plot resulting from the expropriation groups portions of multiple distinct cadastral properties. This occurs because the route of a highway crosses land that in the Registry appears as independent properties, but which cadastrally become unified in a single plot once the expropriation is executed.

The registrar interpreted that, in this situation, it was necessary to present all documentation of all affected properties simultaneously. The General Directorate rejects this interpretation: progressive registration, property by property, is legally valid and cannot be blocked by the Registry.

Economic and operational impact

Although this resolution does not set direct economic amounts, its operational impact for public Administrations is significant:

• Unblocking of stalled registrations: Expropriation proceedings for road infrastructure that had been suspended for this reason can be resumed without needing to present all documentation simultaneously.
• Reduction of administrative costs: Managing the simultaneous presentation of dozens or hundreds of cadastral properties entails very high documentary and coordination effort. Progressive registration simplifies the process.
• Legal certainty in the procedure: The Administration can plan the registration of properties in a staggered manner, adjusting it to work and administrative processing schedules, without risk of the Registry blocking it for not presenting all properties at once.
• Precedent for future appeals: Any Property Registry that attempts to impose simultaneous presentation of all properties in a road expropriation proceeding now has a criterion from the General Directorate against it.

Who does it affect?

• State Roads Demarcations that manage expropriations for highways, motorways and national roads.
• Autonomous Communities with competencies in road infrastructure that expropriate land for their road networks.
• Property Registries that qualify administrative expropriation documents: they must adjust their criterion to that established by the General Directorate.
• Legal services of the Administration (State Attorney's Office, regional lawyers) that advise on registration procedures for road public domain assets.
• Public asset managers responsible for registering assets acquired through expropriation.

Practical example

The State Roads Demarcation in Western Castile and León processes the registration of land expropriated for a highway section. The route affects, for example, 40 distinct cadastral properties, which cadastrally are grouped into a single plot. The Administration, following the procedure previously agreed with the registrar of Valoria La Buena, presents the documentation of the properties progressively, starting with the first ones in the proceeding.

The registrar suspends the registration of the first property presented because the documents of the other 39 are not attached. The Administration appeals to the General Directorate of Legal Security and Public Faith. The resolution of July 6, 2026 grants the appeal: the registrar cannot require simultaneous presentation of all properties. Progressive registration is valid and must be admitted.

This criterion prevents a single expropriation proceeding from being indefinitely blocked by the logistical difficulty of gathering and presenting simultaneously the documentation of dozens of cadastral properties.

What should Administrations do now?

1. Review suspended expropriation proceedings: If any Registry has suspended the registration of properties expropriated for road infrastructure alleging the need to present all properties simultaneously, this resolution is the argument to appeal or resume the proceeding.
2. Document the procedure agreed with the Registry: As in the resolved case, it is advisable to keep written record of any procedural agreement with the registrar to avoid subsequent changes of criterion.
3. Cite this resolution in future qualification documents: Legal services should incorporate the reference BOE-A-2026-22042 in subsanation or appeal documents before any Registry that requires simultaneous presentation of properties.
4. Plan property registration in a staggered manner: Take advantage of the established criterion to organize the presentation of expropriation documentation progressively, aligned with the rhythms of the administrative proceeding and the work.
5. Inform the involved Property Registries: Proactively communicate the criterion of the General Directorate to the registrars who will qualify expropriation documents within the framework of the same infrastructure project.

Official source

Consult complete regulation in official source

Notice: This article is merely informative in nature and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-22042