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.

Usually by regular mail or hand delivery from the Court. Courts are now in the process of initially start using their new i-Justice system and eventually process will change.

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

Question is not clear to us and whether this scenario is somehow applicable. Court orders as usual, affect the owner or his/her property.

3. Type and duration of the registration of these orders

• A freezing order and a confiscation order are considered different; each one of them leads to a different registration or notice.
• In these cases, the judicial orders corresponding to opening procedures lead to a provisional or temporary registration or a registration for an indefinite period of time, depending on the judicial decision.

Part 2. Registry effects

1. Effects of the freezing order once registered

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

2. Effects of the confiscation order once registered

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

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

The Department of Lands and Surveys (DLS) acknowledges both procedures only on the event that a Court Order is issued and transmitted to the Department. Confiscation orders are very rare while freezing orders are more common. The instructions (rationale, judgement, rulings) as set out on the Court Order determine and specifically guide the actions on the Register. Actions may range from Property-centered ones i.e. registration of an Interim Order or a Memo / Encumbrance on the property prohibiting all transactions to Owner-centered ones i.e. registration of a Personal Prohibition.

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

Usually the District Court issues the Court Order. Depending on the Court Order, DLS will enforce all the instructions of the Court as described in Question 1. DLS will only effect and act on all Court Orders that may affects its Register.

Part 3. National land registry experience

As already described in the 2nd Questionnaire, confiscation orders are very rare. Freezing orders are more common.