Property Registry

Need to prove legitimate interest to access the formal advertising of the Registry

Property Registry

The General Directorate of Legal Security and Public Faith resolved a case in which a person requested a literal certification (something like a complete and official copy) of several entries of a property in the Property Registry. The interested party claimed to need this document for inheritance reasons —specifically, for the distribution of assets within a judicial procedure—, as he claimed to be the heir of the property owner.

However, the registrar denied the request. The reason was that it had not been proven adequately that he was indeed the heir, that the judicial procedure was ongoing, or that there was a sufficiently justified legitimate interest. In addition, some of the data that would have appeared on the certificate was no longer valid, and there was especially protected personal information. These issues are very important because, given that Registry data affect the privacy of individuals, only those who can clearly demonstrate their interest are allowed access.

Although the applicant protested the Registry's decision —and even went as far as accusing the registrar of serious crimes such as malfeasance and document forgery—, the administration reminds him that these types of appeals are not used to discuss other matters or express personal complaints. They only serve to verify if the Registry has acted in accordance with the law in this specific regard.

If legitimate interest and the relationship with the asset or the judicial procedure cannot be proven, access to this information is not granted. Data protection and privacy continue to be a priority in these types of cases.

In inheritance disputes, our professionals can advise you in defending your claims and rights.