Notice of prohibition 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.
Decisions from different Swedish authorities can cause this effect. The most important and significant ones will be mentioned below under section n.
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 and blocks or freezes 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).
In general such a decision from a competent authority will cause the registration in the land register to be indefinite.
4. Indicate the national legal sources about this judicial restriction
- Attachment for payment (chapter 69 paragraph 15 of the Swedish Tax procedure act and chapter 16 paragraph 14 of the Enforcement Code).
- Sequestration/provisional attachment (chapter 16 paragraph 14 of the Enforcement Code). Bankruptcy (Bankruptcy Code and regulation)
5. Please, give us an idea about the characteristics of the registration of this restriction in your system
- Attachment for payment (betalningssäkring) is a decion menaing that the owner (debtor) may not dispose of the property unless this is granted by the Enforcement Agency. A conveyance of a property is generally invalid and the application of registration of ownership will be rejected, if the conveyance is made after the decision of prohibition of disposing of the property.
- For more information about sequestration, see the answer to question 10.
- For more information about bankruptcy, see the answer to question 11.
