Notice of a constraints on the use or possession of the property due to a judicial custody or administration
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, the effect might be to block or freeze subsequent registrations, depending on the content of the judicial measure, apart from implying a warning to third parties.
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).
- Period: 4 years. Article 86 Mortgage Act
4. Indicate the national legal sources about this judicial restriction
- Articles 42.4º and 44 Mortgage Act
5. Please, give us an idea about the characteristics of the registration of this restriction in your system
This registration reflects a judicial measure adopted to assure the effectiveness of a seizure. It can also be the case of the instruments of a crime in a criminal procedure, when they are seized and the judicial authority orders its registration to prevent subsequent transmissions.
