Property Registry
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Inability to register undivided participation without consent of affected holders
In this case, a situation is raised that may be familiar to those who have had to deal with inheritances, garage purchases, or deed regularizations that are somewhat old. A person requested that another part of the garage be registered in their name, which, according to them, belonged to them since a purchase made in 1983. The issue is that, although the correct deed was signed at the time, due to an error, only one of the two parts they bought was registered, and now, many years later, they are requesting that the other part also be recognized. The response from the registrar and later from the Directorate General of Legal Security and Public Faith (DGSJFP) is clear,
to modify what is recorded in the Property Registry, it is not enough to simply say that there was an error. It can only be corrected if all the individuals currently listed as holders of these rights agree, or if there is a court judgment in a procedure where everyone who could be affected has been notified and involved. In this case, other holders have already purchased or inherited parts of these garages and have not given their permission for the change. Furthermore, the Directorate General points out that the
error is not one that can be easily corrected, because in reality, the second part of the garage was never registered, and that requires more than a simple administrative correction. Therefore, if there is no agreement with the other owners, the interested party will have to resort to the courts if they wish to attempt to obtain that registration. If you find yourself in a situation similar to the one described, our professionals can provide you with the necessary assistance and take any actions that may be relevant.
If you find yourself in a situation similar to the one described, our professionals can provide you with timely assistance and take any actions that may be relevant.RELATED CONTENT
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