The building rights reserves and their registering in the Land Registry

Abstract

The building rights and their registering in the Land Registry are analized by the decision of 22 July 2016, which rightly acknowledges it is implicitly allowed by the Royal Decree 1093/1997. It's article 39 allows the independient registration of the building rights which belong to owners of lands affected by public networks which are subject to acquisition either via expropriation in exchange for a future plot or via direct occupation.This fact, on the other hand, reveals the exact extend of the regulations contained in the Act 5/2014, of the Valencian Community, which stands out for contaning an unified regulation for one of the manifestations of such procedures.