ALTERACIÓN DEL DATO REGISTRAL DE LA SUPERFICIE DE LAS FINCAS.

Abstract

Although it is true that by itself a property area measurement is unable to individualise one property from another, it is no less true that in a property registration system such as Spain's, where accuracy in the description of properties is made conspicuous by its absence, any information that helps remedy this shortcoming must be well received; and it is here where correct entry of the area by the registrar is so important, as a coadjutant element in the individualization of tenements. However, despite the importance of area, legislators have dragged their feet in equipping mortgage legislation with mechanisms designed to correct an inaccurate registered statement of this datum. In addition to the law's tardiness in incorporating corrective formulae, we must add the fact that the current design of the means for changing the area stated on a registration folio bears the stigma of an erroneous originating concept, one that sees the operation of altering land area as an operation of first registration. This means that nowadays, perhaps through mimicry, instead of there being a specific procedure configured for the rectification of area, the channels used are those that have been employed traditionally for the first registration of properties in the property registration system.