Notes on double registration

Authors

  • Antonio García García Asociado abogado

Keywords:

Land Registry, procedure to recover the chain of ownership, double registration, graphic registry public trust, cadastral reference, joint mortgage, usucaption

Abstract

In 2022, a company acquired a cinema in Sabadell, by purchasing a single registry plot. The Land Registrar denied registration as he deemed that it entailed a double registration: the building described in the cadastral certificate appended to the deed invaded a neighboring plot, owned by a company extinguished over forty years ago and whose existence was ignored by the parties.

In this paper we explain how we solved this complex situation, which could have had very negative consequences on the financing taken by the purchaser. We also analyze the different legal issues that arose throughout the process, some of which are connected to matters addressed in previous papers, such as joint mortgages.

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Published

2024-03-25

Issue

Section

DICTUM AND NOTES

How to Cite

Notes on double registration. (2024). Critical Review of Real Estate Law, 801, 133-168. https://rcdi.tirant.com/rcdi/article/view/61