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.
Caveats warning the property is subject to litigation
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, does not block or freeze subsequent registrations. It only serves as a warning to third parties.
In practical terms the caveat will likely operate as a freeze as transactions carried out while the caveat exists will likely be subject to reduction or subject to any rectification resulting from the litigation.
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).
Caveat has to be renewed every 12 months
4. Indicate the national legal sources about this judicial restriction
The framework for caveats can be found in Part 6 of the 2012 Act http://www.legislation.gov.uk/asp/2012/5/part/6/enacted
5. Please, give us an idea about the characteristics of the registration of this restriction in your system
The registration and noting of a caveat on a title sheet in the Land Register serves as a warning to prospective purchasers that property is subject to litigation seeking one of the following:
- Reduction of a registered deed
- A judicial determination that the register is inaccurate; or
- Rectification of a deed that has been registered in the register
