Notice of an enforcement procedure (different from the mortgage) is pending on the 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.
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).
4. Indicate the national legal sources about this judicial restriction
- Articles 42.2.3, 72, 73, 257 Mortgage Act (https://www.boe.es/eli/es/d/1946/02/08/(1)/con).
- Articles 141, 165 and 167 Mortgage Regulations (https://www.boe.es/eli/es/d/1947/02/14/(1)/con)
- Article 629 Law on Civil Procedure (https://www.boe.es/eli/es/l/2000/01/07/1/con)
5. Please, give us an idea about the characteristics of the registration of this restriction in your system
It is applied the same as in point 1, since every notice publishing a plaintiff claim of an amount of money can result in deprivation of the property. The regulation is the same.