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?

Once registered this restriction, it implies a warning to third parties but does not block or freeze subsequent registrations.
Subsequent registration may come pending, but the registration application shall be left in abeyance to wait the final judgement to the judicial dispute. The final judgement has effects to the pending application; it can prevent registration or make it possible.

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)?

The restriction will be removed after the judgment is final or when a matter is removed from the docket (no decision on it is handed down).

4. Indicate the national legal sources about this judicial restriction

Code of Real Estate (540/1995) Chapter 6 section 13

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

• A court shall notify the register authority on any pending trial concerning the cancellation or invalidity of an acquisition of real estate or a conflict of rights to the real estate, as well as on it’s decision and whether the decision has become final. The same applies to an action for the deletion of a register entry or its correction.
• Based on the Code of Real Estate 6:13 the court shall send information about any kind of dispute which applies to this paragraph. The information must be sent already when the case is pending in court and after the judgement has been made. Land registrar will ex officio make the registration of the restriction in these cases.
• The court must also inform when the judgement has reached the legal force. The registrar must ex officio change the title registration according to the judgement. For example if according to the judgement the acquisition of the property has been invalid and the present title registration is based on that invalid acquisition, registrar must ex officio remove registration based on that invalid acquisition. Usually it means also that the previous registration of the title is registered “back” to the register. The registration of restriction is removed at the same time, also ex officio, because there is the final legal judgement to the dispute.