Notice of a judicial dispute pending on the land or property

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.

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?

No, the registration of this restriction does not have the effect of blocking or freezing subsequent registrations.

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)?

No in Belgium this registered restriction is never removed or deleted. It is the judgement that will be given on this claim that will decide the fate of this restriction).

Any judgment to be given on such a claim will also be registered following the registration of the claim itself.

4. Indicate the national legal sources about this judicial restriction

These are provisions 3 et 4 of the Mortgage Law.

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

No court will rule on this claim until it has been registered on the margin of the deed of ownership of the immovable property concerned. All sales made as well as all mortgages and other real encumbrances taken prior to the registration of the claim are, in principle, valid.

On the opposite, all transactions carried out after the registration of this request will be registered in the documentation, although not enforceable against the initial purchaser.