Partial leases of properties: now registrable without prior segregation

Key data

Until now, many registrars refused to register leases over portions of properties on the grounds that prior segregation was required. That practice has now been corrected. The DGSJFP Resolution of 18 December 2025, published on 24 March 2026, clearly establishes that registration is possible without segregation, provided the leased portion is properly defined in the contract.

The case that gave rise to the resolution was the refusal by the registrar of the Registro de la Propiedad de Mula to register the creation of a lease right over part of a property. The DGSJFP upheld the appeal and established doctrine applicable as a general rule.

What does this regulation establish?

The resolution sets out three specific operational principles for the registration of partial leases:

• Prior segregation of the leased portion is not required in order to access the Land Registry.
• Sufficient identification of the leased portion is the essential requirement. This may be graphic (plan, coordinates, georeferenced representation) or descriptive (boundaries, surface area, location within the property).
• The title deed must clearly define which part of the property is subject to the lease. Without such definition, the registrar may refuse registration.

The resolution does not create a new right: it clarifies the scope of existing rights and corrects a restrictive interpretation that the Registro de la Propiedad de Mula had been applying. Its practical effect is immediate: well-drafted partial lease agreements now have explicit doctrinal support for access to the Registry.

Economic and operational impact

The main impact is the saving of costs and time resulting from avoiding prior segregation. A registered segregation involves, at a minimum, notarial fees, registry fees, possible municipal subdivision licences and, in some cases, technical boundary reports. Depending on the property and the autonomous community, this process can amount to several thousand euros and take weeks or months.

With this resolution, that process is no longer a mandatory prerequisite for registering the lease. The cost shifts to the proper drafting of the title deed: the contract or public deed must include sufficient graphic or descriptive identification of the leased portion, which represents a significantly lower notarial and technical cost.

From an operational standpoint, registration of the partial lease provides:

• Registry publicity against third parties, which protects the tenant in the event of a transfer of the property.
• Legal certainty for the owner in managing their real estate assets.
• Ease of financing or securing transactions linked to the operation of the leased portion.

Who is affected?

• Owners of rural or urban properties who lease only part of their property (warehouse, plot, premises within a building not divided into horizontal ownership, etc.).
• Tenants who wish to protect their position against third parties through registration of the contract in the Land Registry.
• Real estate developers managing properties under development who need to lease portions before completing the final division or segregation.
• Legal advisors and notaries who draft partial lease agreements and must ensure their access to the Registry.
• Financial institutions analysing financing transactions linked to properties with partial leases.

Practical example

A property owner has a rural estate of 50 hectares in Murcia. They wish to lease 10 hectares at the northern end of the property to an agricultural company for 15 years, without formally dividing the property. Until now, the registrar could refuse to register the lease by requiring prior segregation of those 10 hectares.

Under the doctrine established by this resolution, the lease can be registered directly if the title deed (notarial deed or publicly executed contract) includes sufficient identification of the leased portion: for example, a georeferenced plan delimiting the 10 hectares, with their coordinates and boundaries. The land registrar cannot refuse registration solely on the grounds that prior segregation has not taken place.

The result: the tenant obtains registry protection against third parties, the owner keeps the property unified, and both parties avoid the cost and time of a formal segregation.

What should companies do now?

1. Review existing partial lease agreements that are not registered in the Land Registry and assess whether they meet the requirement of sufficient identification of the leased portion.
2. Include detailed graphic or descriptive identification in all new lease agreements covering parts of properties: plan, coordinates, boundaries or technical description of the portion.
3. Apply for registration of partial leases that meet the requirements, particularly in long-term contracts where protection against third parties is relevant.
4. Consult a notary or legal advisor on the most appropriate way to document the identification of the leased portion to ensure the Registry accepts registration without objections.
5. In the event of refusal by the registrar, bear in mind that this DGSJFP resolution supports a governmental appeal if the refusal is based solely on the absence of prior segregation.

Official source

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific decisions, please consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-6845