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.
An “Order Charging Land” can be obtained from the Enforcement of Judgements Office in relation to court judgement and registered on title as a charge
Seee https://www.justice-ni.gov.uk/articles/enforcement-judgments-office
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 dealings can be registered on title but the Order Charging Land will have priority.
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).
By Article 47 of the Judgments Enforcement (Northern Ireland) Order 1981 the charge ceases to have effect 12 years from the date of the judgement.
4. Indicate the national legal sources about this judicial restriction
Judgments Enforcement (Northern Ireland) Order 1981 (articles 45 to 56)
http://www.legislation.gov.uk/nisi/1981/226/contents
5. Please, give us an idea about the characteristics of the registration of this restriction in your system
- By the Land Registration Rules (NI) 1994
- 88. – (1) An application for registration of a charge imposed by an order charging land made under Article 46 of the Order of 1981 shall be made by] the creditor by lodgment in the Registry of the documents specified in Article 50(1) of the Order of 1981. Notice of the registration of such a charge as a burden shall, if the Registrar considers such notice necessary or desirable, be sent by the Registry to the registered owner of the land against which the charge is so registered.
- Typical entry will be noted in Part 3 of the folio (burdens) and will state
- Order Charging Land
- Registered 9th March 20**
- Document No: 2009/89*******
- A Charge in the land herein for the moneys secured by Order Charging Land (Serial No C/08/*******) made on foot of a Judgement dated 9th October 2008
- Charge Owner:- **************
- Note(s):- The Charge is subject to the condition specified in the Order.
