Real Estate

Real estate regulations: housing, rental, urban planning and property

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Real Estate BOE

The property register cannot cancel bankruptcy entries already recorded through administrative appeal

The General Directorate rejects a company's appeal requesting the removal of bankruptcy annotations from the register of a property seller. Entries already reco...

Companies in bankruptcy proceedings that transfer real estate and their buyers

10 Aug 2026 Read more

Real Estate BOE

Registration of land segregation denied for invading a property of the Municipality of Molina de Segura

The Property Registry denies the registration of a land division because its coordinates overlap with a municipal property. The General Directorate resolves the...

Companies and individuals processing segregations or subdivisions with alternative graphic representation

10 Aug 2026 Read more

Real Estate BOE

The property register may reject a purchase option if the seller was not properly notified

The General Directorate rules that attempting to notify the grantor of a purchase option is insufficient if effective delivery is not achieved. Without valid no...

Buyers with purchase options, sellers, notaries and property registrars

08 Aug 2026 Read more

Real Estate BOE

The commercial registry cannot record a marginal note on a pledge of shares without Spanish public deed

The General Directorate resolves that the commercial registrar of Málaga correctly refused to record a marginal note on a pledge of shares due to formal defects...

Companies with foreign shareholders or creditors, commercial lawyers and registrars

08 Aug 2026 Read more

Real Estate BOE

The Property Registry must register public parking concessions without requiring prior registration of public domain

The DGSJFP resolves that it is possible to register an administrative concession for underground parking without the Municipality having previously registered t...

Concessionaire companies of public services and property registries

08 Aug 2026 Read more

Real Estate BOE

The Property Registry cannot reject the tourist rental informative model due to discrepancy in the number of guests

The General Directorate resolves that a difference in the maximum number of guests is not a valid reason to deny the filing of the informative model of short-te...

Owners of tourist accommodations and property registrars

08 Aug 2026 Read more

Real Estate BOE

The Property Registry may reject registration of judicial inheritance agreements without public deed

A judicial order approving an inheritance agreement is not sufficient to register assets in the Property Registry. A public deed is required and proof of tax pa...

Heirs and parties in judicial inheritance division proceedings with real estate assets

08 Aug 2026 Read more

Real Estate BOE

The Property Registry may refuse to register a judgment if not all heirs of the registered owner were properly sued

A municipality was unable to register a judgment recognizing its ownership of a property because it failed to prove that all heirs of the deceased registered ow...

Municipalities and individuals seeking to register declaratory judgments of ownership in the Property Registry

07 Aug 2026 Read more

Real Estate BOE

Denial of Registration of Family Use Right Following Mortgage Foreclosure of the Property

The Property Registry denies registration of a family use right because the mortgage foreclosure extinguished all rights over the property. The General Director...

Holders of use rights over mortgage-foreclosed properties and property registrars

07 Aug 2026 Read more

Real Estate BOE

The registrar cannot deny cadastral registration solely based on a neighbor's opposition without evidence

The DGSJFP resolves that an opposition from an adjoining owner without technical evidence or registered title is insufficient to deny the graphic registration o...

Property owners processing cadastral graphic registration (art. 199 LH) with adjoining owner opposition

07 Aug 2026 Read more

Real Estate BOE

The property registry must register the use of the family home even if the child is already of legal age

The General Directorate requires the registration of the right to use the family home agreed upon in a divorce, even if the child has reached the age of majorit...

Divorced persons with judicially recognized right to use of family home

07 Aug 2026 Read more

Real Estate BOE

The Property Registry may suspend the registration of a property if it suspects that excess area conceals illegal aggregation of adjoining land

The General Directorate resolves an appeal regarding the suspension of registration of a property in Zafra due to possible concealment of land aggregation. The ...

Property owners, buyers and notaries in operations involving area rectification or cadastral-registry coordination

07 Aug 2026 Read more

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