Notice of a limitation of disposing of the ownership
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.
Inhibition under Order of the Court (An inhibition is a restriction on certain applications for a specified time, or ot the occurrence of an event or with the consent of or after notice of a certain party/parties who have an unregistered interest in the property).
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.
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 indefinite (until removed or deleted).
The order cannot be discharged or modified except by the Court
4. Indicate the national legal sources about this judicial restriction
Sections 69&98 of the Registration of Title Act, 1964.
5. Please, give us an idea about the characteristics of the registration of this restriction in your system
- An application can then be made to register the Inhibition under Rule 136 of the Land Registration Rules, 2012, and by lodging a Form 76 of the Land Registration Rules, 2012.
- The entry that appears on the register depends on the information provided in the Form 76.
