The compulsory land transfers. Special reference to the possibility of their unilateral registration by the Administration.

Abstract

Analysis of the possibility to obtain the registration of land transfers by  means of  an  administrative certification without requiring the  consent of  the registered  owner, provided by the  Royal  Decree 1093/1997, of 4 July,  and  reflected in the case law of the Superior Courts  of Catalonia and  the Basque Country and  of the General  Direction of the  Registries and  Notaries. This  possibility raises  several issues, ranging  from  its effective  legal endorsement to  its  requirements, which are not  always easy to determine because  of the alternative possibility of implementing the  expropriation of dotacional lands  situated in building-consolidated areas when plot-redivision is not  possible.