GIPE Newsletter (Nº24.175) July, 17th 2025

GIPE MEMBERS QUERIES:

In this section, we’ve compiled some of your questions, along with answers from our legal department in case they might be helpful to others:

Question:

Good morning, colleagues,

I have a studio apartment for sale, and there’s a discrepancy between the cadastre and the registry, according to the Nota Simple:

This property is not graphically coordinated with the Cadastre, for the purposes of Article 10.5 of the Mortgage Law, as amended by Law 13/2015 of June 24. The registry record of the cadastral reference does not extend the effects of the principle of legitimation to the physical description and location of the property, nor does it presumably correspond to the geographical boundaries of the cadastral parcel.

Why does this happen, what are its consequences, and how to regularize it?

Thank you very much.

Best regards.

Answer:

Good afternoon:

The purpose of the Law you cite was to coordinate two completely different bodies: the property registry (which reports to the Ministry of Justice, through the General Directorate of Registries and Notaries, and whose purpose is to provide legal certainty for real estate transactions); and, on the other hand, the Cadastre (an administrative registry reporting to the Ministry of Finance through the General Directorate of Cadastre).

According to the general note you provide, it is difficult to determine the differences between the two registries.

It could simply be that the registration is very old and the data has not been updated; however, in the event of a sale, the owner is obligated to incorporate cadastral data if that is all that is missing, or the buyer will have to do so, assuming that responsibility.

The most common discrepancies between the two registries are: ownership of the property or size and boundaries, or its use, or discrepancies between the graphic representation and reality; Any of these may or may not apply to your registered or cadastral property.

My recommendation is to hire an agricultural expert or technical engineer, who will perform the measurements and technical reports and, where appropriate, process the file. If the error is in the cadastre, it will be resolved by initiating a discrepancy correction procedure, to which an alternative graphic representation on a georeferenced map must be provided.

On the other hand, if the cadastral property is perfectly coordinated and the problem is in the registry, the exact discrepancy would need to be known in order to recommend the next step. If there is a surface area difference between the actual and the registry of more than 10%, a domain file would be necessary.

We hope this answer helps you resolve the problem. We remain at your disposal for any questions you may have on this or any other matter.

Sincerely.

Notes:

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