Issues inherent in double registration in the land registry

Abstract

This paper analyses the legal issues arising from double registration, understood as the recording of the same property, wholly or partially, in two or more separate folios of the Land Registry. Legal scholarship and case law have traditionally regarded this situation as an anomaly or pathological condition of the registration system, insofar as it entails a breach of the principle of accuracy and the publicity function of the Registry. In light of the reform introduced by Law 13/2015, the study examines the current framework governing double registration proceedings under Article 209 of the Mortgage Act.

Particular emphasis is placed on the establishment of a specific procedure conducted before the competent registrar, as well as on the possibility of its ex officio initiation, which constitutes an exception to the principle of party initiative. The paper also highlights certain limitations of the current regulation, such as the reduction in the duration of the marginal note and the absence of a definitive registral solution in cases where no agreement is reached between the affected titleholders.

Furthermore, the study addresses practical issues, including the commencement of the proceedings, the scope of registral review, and the potential connection of the procedure with appropriate dispute resolution mechanisms. It also examines the challenges posed by double registration in the context of urban planning procedures.

Finally, the relationship between double registration and the protection afforded to bona fide third parties under Article 34 of the Mortgage Act is analysed. The paper concludes with a review of recent Supreme Court case law concerning the concept of double registration.