Notice of an enforcement procedure (different from the mortgage) is pending on the 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.

This registration is called a Lis Pendens.

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?

Subsequent registrations may be made but they are made subject to the Lis Pendens.

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).

4. Indicate the national legal sources about this judicial restriction

Part 12 of the Land and Conveyancing Law Reform Act, 2009.
Sections 69 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

• The Lis Pendens must be registered in the Register of Lis Pendens maintained in the Central Office of the High Court.
• An application can then be made to register the Lis Pendens under Rule 119 of the Land Registration Rules, 2012, and by lodging a Form 64 of the Land Registration Rules, 2012.
• The entry appears on the register as;
•  Proceedings affecting the interest of …..in the property are pending in the ……..Court, Record Number …… in a cause (or action or matter) of……..