Notice of a proceeding which may involve the confiscation
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.
The notice will be registered when the judge in the criminal procedure determines its seizure (the proceeding itself is not registered), due to the risk of diminishing property guarantees and due to strong evidence of crime.
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.
It is, a matter of non-opposability towards the procedure
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
- Law 30/2017 30/05 which adapted to Portugal Directive 2014/42/EU of 3 april 2014, namely article 10
- Criminal Procedure Code – article 228
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.
