Publicidad registral y dominio público. A propósito de la RDGSJFP de 15 de febrero de 2023

Abstract

Once an entry has been made in the Property Registry, for example, a registration, it is under the protection of the Courts, producing all its effects as long as its inaccuracy is not declared. Now, if the Public Administration were effectively the extra-register owner of some invaded portion of the public domain, it can and must still exercise its powers of demarcation and recovery, which are imprescriptible, and the protection derived from the principle of legitimation cannot be opposed against them. nor of public registry faith, because the ownership of the public domain is unassailable even if it does not appear in the Registry; This is without prejudice to the liability that, if applicable, the Administration may incur for not having fulfilled its legal obligation to register such public domain.