Notice of freezing and confiscation orders in accordance with the Regulation (UE) 2018/1805

Part 1. Registry requirements

1. What is the procedure to lodge or present these judicial orders in the Land Register? Particularly electronic.

Judicial orders can be lodged either in paper form or electronically, currently via e-mail with an attached electronic copy of the decision with the judicial order. Advanced electronic signature is not required. Specific kinds of freezing orders are registered in the land register. Confiscation orders however are not currently registered.

2. Possibility of registering these orders in the event that who appears as the owner of a property according to the land registry («A») is a different person from the defendant (or person «B») who is issued a freezing or confiscation order against

Usually the judgement will be registered even in these cases. There might be situations when clarifications may be required

3. Type and duration of the registration of these orders

A freezing order may lead to a provisional or temporary registration or notice and also to registrations for an indefinite period.

In general, registrations in the land register are made without a time limit. They are however removed when the decision is no longer valid or when certain procedures are finished. Usually, a competent authority notifies the Land registry when a notification shall be removed. There are usually no legal time limits for how long the registration can remain in the register. The legal effect can however be limited in time in some cases. A “provisional” registration is possible when immovable property is taken into custody while awaiting a freezing order (sequestration).

Part 2. Registry effects

1. Effects of the freezing order once registered

• A warning to third parties
• Prohibition of disposal: the owner is not allowed to sell, mortgage or carry out any other act of disposal on the property. The order blocks any possible registration.

2. Effects of the confiscation order once registered

N/A

3. What is the registry proceeding and moment in which the opening procedures of freezing or confiscation are applied for registration?

Judicial orders can be lodged to the land registration authority in either paper or electronic form. Specific kinds of freezing orders are registered in the land register. Confiscation orders are however not currently registered.

4. What are the executing authorities of these orders in this national system and what is the role of the land registers?

In Sweden, a prosecutor is the issuing authority about freezing orders. The prosecutor must notify the Swedish Enforcement agency before a decision about freezing is sent to another member state in accordance with the regulation. The prosecutor is also the competent authority when a foreign decision about a freezing order is sent to Sweden. The prosecutor can forward the decision to the land registration authority if it concerns an immovable property or a site leasehold.

The Swedish enforcement agency is the issuing authority regarding decisions about confiscation orders. The Enforcement agency is also the competent authority when a foreign decision about confiscation is sent to Sweden. Please note that confiscation orders are currently not registered in the Swedish land register.

Part 3. National land registry experience

Two different kind of freezing orders can be registered in the land register. One provisional and one final freezing order. Confiscation orders regarding immovable properties are currently very rare and not registered in the land register. Domestic confiscation orders can be used to apply for registration of ownership for the Swedish state (but there is no registration regarding the confiscation order as such). Afterwards the property can be sold.