CONFIGURACIÓN REGISTRAL DEL SUBSUELO DISOCIADO DEL SUELO.

Abstract

The needs of the current-day real-estate trade have brought to the table certain legal issues to which the property registration system must give a satisfactory, effective response. The evolution of the Directorate-General's doctrine may be observed in the problem of applying different systems of rules to subsoil and land. Initially, the Directorate-General's Decision of 13 May 1987 accepted that a folio may be opened for a subterranean unit when there is an encumbrance on the owner's domain due to other parties' rights in said subterranean unit. It was in the Decision of 5 April 2002 that the use of the legal technique of the realestate complex was clearly delimited; this technique revealed itself as the best for application to parking facilities lying under publicly owned land. There are yet other possibilities not to be neglected, such as administrative concessions and surface and sub-building rights. Lastly, various identical decisions issued in February 2007 clearly accepted, together with the technique of the complex, the possibility of segregating the subsoil when the subsoil is completely disconnected from the surface land. Although this concept of subsoil segregation has been the object of doctrinal criticism and interpretations conducive practically to rejection, the fact is that the Directorate-General's position appears to leave no room for doubt.