LA COMPRAVENTA DE FINCA RÚSTICA CONSTANDO UN ARRENDAMIENTO HISTÓRICO INSCRITO EN LA FINCA DE PROCEDENCIA: ANÁLISIS DE LA RDGRN DE 5 DE ABRIL DE 2010.

Abstract

This paper analyses whether or not a registrar's scrutiny of legality leading to refusal to register a deed is lawful or not. The deed in question was made on 18 June 2009 in the sale of a rural property. In it the seller stated that the property was not leased and that, in the six years prior to the date of the deed, no use had been made of the right at issue in section 26.1 of the Spanish Urban Lease Act of 1980. The registrar refused to register the sale because the registry contained a record of a lease on the parent property; the registrar felt that clarification of this point and cancellation of the lease were needed before the sale could be registered. The Directorate-General of Registries and Notarial Affairs revoked the registrar's findings, indicating that the 1935 Rural Lease Act did not cause the registry closure of sales of leased properties, that the current Act calls for such sales to be closed only provisionally until proof is shown that the tenant received notice to exercise his right of first refusal, and in addition that the particular lease at issue was no longer in force (although it was not cancelled in the registry) by application of Act 1/1992 on historical rural leases.