LA ANOTACIÓN DE EMBARGO SOBRE EL EXCESO DE EDIFICABILIDAD DE UN SOLAR, ACREDITADO MEDIANTE CERTIFICACION ADMINISTRATIVA

Abstract

On 30 May 2009 the Directorate-General of Registries and Notarial Affairs had the occasion to issue a pronouncement on the possibility of registering a caveat of garnishment on the excess buildable area attributed by city planning officials to a property, with respect to which excess area there was an express reservation in the garnishee's favour against the registered owners of the registered property, as recorded in the registry. The aforesaid decision settled the question by the reasoned application of the procedure for the registration of planning uses, the Directorate-General's own case-law and the new land legislation, which redefines the concepts of "property" and "lot", albeit respecting the definition of "registered property" used for mortgage purposes. Below is an examination of the issues raised by the submitted title, the competent registrar's refusal, the appeal by the government and finally the decision.