Notice of attachment to a debt due to a judicial claim

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.

Preventive attachment order
This kind of Seizure has two purposes:

1. To maintain the immovable in the debtor’s asset, in order to permit to the creditor to satisfy himself with the proceeds of the forced sale and
2. To make ineffective the disposing acts of the debtor.
   Registration of the seizure on immovable has constitutive effect.
   After an irrevocable judgment, the seizure converts itself into a foreclosure.

Prenotazione di ipoteca
When the mortgage depends on a (judicial) title which is not yet irrevocable, it is possible to keep the ranking of the mortgage, submitting a (subsequent) indisputable title.
This registration is often used by the creditor to force the debtor to pay his debt.

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 does not block or freeze 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)?

Registration has to be renewed within 20 years, not to lose its effectiveness (in case of preventive attachment order).

In case of “prenotazione di ipoteca”, when the title becomes irrevocable, it has to be disclosed to the L. R., to confirm the registration and preserve the mortgage ranking. Differently, the registration is annulled ex officio

4. Indicate the national legal sources about this judicial restriction

• sequestro conservativo (preventive attachment order) art. 671 c. p. c.
• prenotazione di ipoteca art. 36 legge tavolare

5. Please, give us an idea about the characteristics of the registration of this restriction in your system

• sequestro conservativo (preventive attachment order) art. 671 c. p. c.
• prenotazione di ipoteca art. 36 legge tavolare (Mortgage depending on a title which is not irrevocable: it’s possible to keep the ranking of a mortgage )

The registration of a preventive attachment order has the nature of a notice (ANNOTAZIONE) (1); it guarantees a certain amount of money.

The registration of a mortgage depending on a provisional title has the nature of PRENOTAZIONE (conditional registration)(2).

(1) 09/08/2018 – G.N. 2767/1 ANNOTAZIONE
a carico p. ed. 1990 (>immovable subject to registration)
Sequestro conservativo dd. 15/10/2017 (> title)
a cauzione del credito di Fxxxxxxxx Eyyyyyyyy nato a San Donaci
il 02/02/1965, (> name of the creditor)
nell’importo di Euro 82.000,00. (>amount of credit)

(2)07/01/2019 – G.N. 31/1 PRENOTAZIONE DIRITTO DI IPOTECA
a carico P. ED. 1990
(max amount of money guaranteed>) importo massimo EUR 6.863,90
Sxxxxx Eduart, nato/nata il 08/05/1991 a Kyyyyyyyyyy (> name of the creditor)
Decreto ingiuntivo d.d. 26/02/2016 (> title)