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.

Such orders can be lodged by hand or by mail. We do not use electronic procedures.

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

The judgment should not be registered. If ‘B’ has no registered interest in the property, then we would not register the judgment on that property. The application would be rejected. Irish system would not register a judgment against ‘B’ where ‘B’ has no registered interest in the property.

3. Type and duration of the registration of these orders

• A freezing order and a confiscation order are not considered different, the same registration or notice includes both.
• A freezing order can only lead to indefinite registrations.
• A confiscation order can only lead to indefinite registrations.
•  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, in accordance with the criteria of the land register system.

Part 2. Registry effects

1. Effects of the freezing order once registered

• A warning to third parties
• It involves the possibility of a forced sale of the property.

2. Effects of the confiscation order once registered

• A warning to third parties
• It involves the possibility of a forced sale of the property.

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

Note: Ireland did not adopt this Regulation.

In Ireland, we only make a registration after receiving a Court Order when the case is concluded.

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

The Court will issue a Court Order directing the Registrar to make the appropriate registration on the register.

Part 3. National land registry experience

They are not frequent. For the small number of cases that we do receive, we merely carry out an administrative function and register accordingly.