Notice of warning of eviction
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
- Article 727.5 Law on Civil Procedure (https://www.boe.es/eli/es/l/2000/01/07/1/con), and Articles 42.1 and 86 Mortgage Act (https://www.boe.es/eli/es/d/1946/02/08/(1)/con)
5. Please, give us an idea about the characteristics of the registration of this restriction in your system
- Procedural point of view: is considered a precautionary measure (Article 727.5 Law on Civil Procedure -https://www.boe.es/eli/es/l/2000/01/07/1/con).
- Effects of this restriction once is registered: warns and informs to third parties that a real right which is registered under the name of anyone, is being controversial.
- Public faith effects are enervated.
Resolution of the Dirección General de Registros y Notariado, dated on 23rd October 2017:
The final judgement in an eviction process in order to evict a lessee or tenant who is occupying the property, if is a accompanied by the launching decree and the take of ownership of the owner, can be used to cancel in the Register the registered lease.
