Notice of a judicial dispute pending on the land or property
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.
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)?
In this system the duration of the registration of this restriction will be indefinite (until removed or deleted).
4. Indicate the national legal sources about this judicial restriction
- Article 137 part 6 of the Code of Civil Procedure of the Republic of Lithuania: „The judge, who has made a statement regarding a civil case regarding the legal status of the registered object or the raising of rights in rem, shall notify the registrar of the public register where the object or rights in rem is registered thereof no later than on the next working day. “
- Article 18 of the Law on the Real Property Register of the Republic of Lithuania: «1. The court shall notify the registrar of the Real Property Register of the commencement of civil proceedings concerning the legal status of the registered immovable property. The court shall notify the registrar of the Real Property Register about this legal fact no later than the next working day following the initiation of the proceedings. 2. Upon receipt of a court notice, the registrar of the Real Property Register shall promptly record in the Real Property Register the commencement of civil proceedings concerning the registered immovable property»
5. Please, give us an idea about the characteristics of the registration of this restriction in your system
- Type of record: juridical fact (notice)
- Basis for registration: court notice