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.

The legal action is inadmissible, if it isn’t registered on behalf of the plaintiff’s lawyer.

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.

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 there is a final judgment.

4. Indicate the national legal sources about this judicial restriction

Articles 15 & 17 of the amended law from the 25/09/1905 about the transcription of immovable real rights.

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

• It is registered as a marginal note on the copy of the transcribed act and the privilege of the seller.
• The plaintiff’s/winning party’s lawyer has to provide to the conservator/land register ;
  • If it is a legal action : 2 extracts of the action, containing the family and first names, and the profession and residence of the parties, the designation of the contract that is contested and the court that has to rule over it.
  • If it is a judgment : 2 extracts delivered by the court clerk with the family and first names, and the profession and residence of the parties, the formal judgment and the legal body that has ruled.