Property registration

The DGSJFP resolves an appeal related to a right of way that, as later discovered, was not "dragged along" in the Registry when a grouping of properties was made many years ago. The case stems from a private claim

(April 2025) filed by property owners who argue that in 1904, a right of way was registered on a property in favor of four properties . Later, in 1929, the servient property was merged with others and became part of a new property , but in that merger the right of way was not reflected in the resulting property. Over time, that property was divided, giving rise to others. Upon

detecting that the right of way had not been transferred that the servitude it had not been transferred on the day, the registrar initiated a rectification procedure for a conceptual error. A company, currently the registered owner of two affected properties, opposed arguing that it purchased with a registration appearance of "free of charges" (except for other different encumbrances) and that, if that were to be changed, its consent or a judicial resolution would be required, because the entries are under the safeguard of the courts .

The DGSJFP dismisses the appeal. It recalls that, if the conceptual error clearly arises from the entries, the registrar can rectify it without the need for the consent of the parties involved. It also points out that the appeal against the registration qualification it is not useful to discuss a rectification already carried out , a matter that remains for the courts.

If you find yourself in a situation similar to the one described, our professionals can provide you with the timely legal assistance for a solution tailored to your interest