Notice of attachment to a debt due to a judicial claim

1. Does your national system admit such restriction?

This land register system envisages this kind of notice or includes the possibility of registering a notice as such.

Only real estate attachments (protective and enforcement) are concerned by this registration

2. In your system, once registered this restriction, does it block or freeze subsequent registrations (mostly the ones promoted by the owner of the property) until being removed?

Once registered this restriction, the effect is to block or freeze subsequent registrations, apart from implying a warning to third parties.

In principle, as from the date of the registration of the attachment, no deed of disposal or execute mortgage relating to the attached property shall not be enforceable against the attachment creditor.

The same shall apply to disposals or creation of mortgages prior to the registration of the attachment but not yet registered at that time.

Note: this non-opposability to the attachment creditor will not prevent the registration of a deed of disposal or execute mortgage if it is presented to the Land register.

3. In your system, in principle, will the registration of this restriction be temporary (under a deadline) or indefinitely (it will be in force until being removed)?

In this system the duration of the registration of this restriction will be temporary (under a deadline).

In principle, the attachment of property is valid for three years from the date of registration, unless judge authorizes a renewal.

4. Indicate the national legal sources about this judicial restriction

As legal sources about this judicial restriction, the following are quoted:
These are provisions 1433 et seq. and 1569 et seq. of the Judicial Code.

5. Please, give us an idea about the characteristics of the registration of this restriction in your system

Additional ideas on this type of restriction in this system are the following:

• Since the law of 25 April 2007 containing various provisions, Belgian law has included the concept of the unseizability of the self-employed person’s residence.
• The aim was to enable self-employed persons to protect their private home against possible attachment by one or more creditors.
• A self-employed person who wishes to apply this law had to make this known in a declaration before a notary. The declaration will be registered in a register at the office of the Registrar of Mortgages of the borough where the home is located.
• The declaration is, however, only effective for debts that arise after the entry in the register.
• The debts referred to by the law are those arising from the exercise of the self-employed professional activity.