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.

This registration is referred to as a Lis Pendens or Pending Action.

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.

Subsequent registrations may be made but it is expected that the note of Lis Pendens acts as a notice to third parties.

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 temporary (under a deadline).

The registration of a pending action shall cease to have effect at the expiration of five years from the date of registration, but may be renewed from time to time, and, if renewed, shall have effect for five years from the date of renewal.

4. Indicate the national legal sources about this judicial restriction

• Land Registration Act (NI) 1970
• Schedule 6 Part 1 para 8 & Part 2 Para 6
•  http://www.legislation.gov.uk/apni/1970/18/contents

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

• The court office must endorse an application form to confirm a pending case relating to the land.
• The application can then be registered under
• Land Registration Rules (NI) 1994
• 91.- (1) An application for the registration of a pending action as a burden shall be made in Form 40 signed by the applicant or his solicitor and having subscribed thereto a certificate of the proper officer of the court in which the action or proceeding is pending to the effect that the particulars set out in the application relating to the action or proceeding are correct.
• (2) The entry on a folio in respect of a pending action shall be made in Form 41 and may, without application, be cancelled where the entry has ceased to have effect by reason of expiration of time.
• A typical entry will be noted as a burden in part 3 of the folio as follows: –
• Pending Action
• Registered 15th December 20**
• Document No: 2005/5***
• An action or proceeding affecting the land herein is pending in the High Court of Justice in the matter entitled:
• 2005 No. 43****10 *****, Petitioner ******* Respondent.