Understanding Land Measurement Discrepancies in Spain
If you own land in Spain — or are planning to buy — you may have already discovered the confusion that often surrounds property measurements. The Property Registry, the Land Registry (Cadastre) and the actual physical surface frequently show different figures for the same plot.
These discrepancies can cause serious complications, especially when selling or purchasing a property. In this article, our real estate lawyers in Mallorca explain why this happens and how to correct it under Spanish law.
Why do discrepancies occur between registries?
Over the years, many properties have changed due to boundary adjustments, old surveying methods or construction updates that were never recorded. This means that the surface area appearing in official registries does not always match reality.
If you are planning to sell or buy a property, it is best to clarify these differences before signing any agreement. Doing so will make the process faster and avoid legal or notarial complications later.
At Frau Legal, we recommend beginning this process early and consulting a specialist, as these rectifications can take time and require multiple documents.
Legal procedures to rectify surface discrepancies
The Spanish Mortgage Law (Ley Hipotecaria) provides two main procedures for correcting measurement discrepancies:
1. Article 201.3 LH – Simplified procedure (up to 10%)
When the difference between the registered surface and the actual measurement does not exceed 10%, the rectification can be made directly before a Notary through a simplified process.
There are two cases:
- If the difference is under 10%: A land registry certificate with a detailed survey must show full correspondence between the registered property and the physical plot.
- If the difference is under 5%: It may be corrected simply through a statement by the grantor in the deed.
After signing the public deed of rectification, the Property Registrar will evaluate the request. If there are no doubts about the legitimacy of the correction, they will proceed with registration and notify neighbouring owners.
However, if there are justified doubts — such as a previous subdivision or risk of double registration — the registrar may refuse and request further clarification.
2. Article 201.1 and 203 LH – Full “dominion file” procedure (over 10%)
If the difference exceeds 10%, the process becomes more complex. This procedure, known as a dominion file, must also be carried out before a Notary.
The notary will compile all required documentation and send it to the Registrar, who has 15 days to issue a certificate after reviewing their records.
If no issues arise, the registrar issues an entry note (valid for 90 days, extendable to 180) and sends the certificate back to the notary.
Next, the notary must notify all affected parties and neighbouring property owners, who have one month to present their claims.
If there are objections, the process may be suspended and can only continue through judicial proceedings before the Court of First Instance.
If there are no objections, the registrar will approve the rectification and order the publication of the edict in the Official State Gazette (Boletín Oficial del Estado).
Why act now?
Given that the law now limits rectifications to a 10% difference, it’s best to act as soon as possible. Before the reform, rectifications of up to 20% were permitted — but this is no longer the case, and future reforms may tighten the threshold even further.
Delaying this process could mean facing longer and more expensive procedures in the future.
If you suspect that your land’s measurements are inconsistent, our team of property lawyers in Mallorca and Ibiza can help you clarify, update and register the correct information.
Contact us here for tailored advice and assistance with cadastral and registry coordination.
