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 implies a warning to third parties but does not block or freeze subsequent registrations. The subsequent registrations will be provisory, depending on the decision of the dispute.

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)

The register of the judicial dispute is provisional but (since 2008) doesn’t have deadline. It will be in force until being canceled or until becoming definitive with the register of the final decision of the dispute.

The inscription of the final decision will benefit from the priority of the judicial dispute previously registered, in the rank of the rights.

4. Indicate the national legal sources about this judicial restriction

As legal sources about this judicial restriction, the following are quoted:

• Land Registry Code – article 3º

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

The judicial disputes which purpose is the recognition, modification or extinction of any rights subject to registration over immovable properties, must be registered.

The judicial disputes which purpose is the reform, the declaration of nullity or annulment of a registration act or its cancellation.

The judicial dispute which purpose is to obtain precautionary measures (previous to the final decision) like seizure or any other that affects the free transmission of the immovable properties.

The final decisions on the judicial disputes must also be registered and it will be assigned with the priority of the entry of the judicial dispute, due to the priority principle – article 6th of the LRC

Courts are obliged to request these registries (except the ones to obtain precautionary measures) but the interested party can also request such entries – article 8º-B of the LRC