Notice of a limitation of disposing of the ownership
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.
Examples: in addition to the attachment (in the enforcement procedure), seizure, freezing or enlisting assets and other precautionary measures determined by law (see answer 3a)
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.
If the property is transmitted, the new owner will acquire it with the restriction. See answer to question nº1, e) – it is, like in the attachment, a matter of non-opposability towards the procedure of the restriction determined by court.
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
- Seizure – article 619º of the Civil Code
- Freezing or enlisting assets – article 403º of the Civil Procedure Code
- Other Precautionary measures: article 362º of the Civil Procedure Code and article 3º of the Land Registry Code
5. Please, give us an idea about the characteristics of the registration of this restriction in your system
The owner can sell or burden the property, which will lead to definitive new entry in the land registry. However, this act will not be opposable to the judicial procedure where the prohibition has been determined.
