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
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. (although it depends on the content of the limitation and it might block or freeze certain 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 temporary (under a deadline).
- Period: 4 years. Article 86 Mortgage Act
4. Indicate the national legal sources about this judicial restriction
- Articles 42.4º and 44 Mortgage Act (https://www.boe.es/eli/es/d/1946/02/08/(1)/con); and Article 166.4º Mortgage Regulation (https://www.boe.es/eli/es/d/1947/02/14/(1)/con)
5. Please, give us an idea about the characteristics of the registration of this restriction in your system
Besides the judicial measures of limitation of disposition, there are also personal restrictions that can be registered in cases of judicial disability. They publish the disability of the owner in order to make disposition or administration acts. The Register block in this case can be total or partial, depending on the terms of the Court decision.
