The compulsory registration of the Plot Re-division Project and its enforceability to the Compensation Board

Abstract

Faced with the position maintained by the Superior Court of Justice of Madrid in its recent sentence of June 20, 2017, according to which the general rule of the non-constitutive nature of the registration determines that it is not an obligation of the Compensation Boards to seek the registration of Plot Redivision Projects, it is necessary to highlight the false disjunctive that it contains because while this non-constitutive character refers to the existence of the right, the obligatory nature of the registration supposes an exception to the principle of voluntary registration that may concur because of its construction by the law, for requirements related to the legal certainty of the real estate traffic and the presence of public interest reasons, and it happens so in the case of plot redivision instruments and, in particular, in the case of Compensation Projects, with the consequence of extending the duty of the Compensation Boards also to reach their registration.