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.
There are a few different kinds of decisions that may cause this effect, detention (förvar) and sequestration (kvarstad) and also expropriation.
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)?
It depends on what kind of decision that has been made. Decisions about detention of property are only valid if the attorney makes an application to the court about sequestration within 5 days. Notices are valid and in effect until they are removed from the land register.
4. Indicate the national legal sources about this judicial restriction
- Detention (Chapter 26 paragraph 3 a of the Code of Judicial procedure).
- Regarding Sequestration this is regulated in chapter 16 paragraph 13-16 of the Enforcement Code. The regulation about registration of notices is found in the Swedish land code chapter 19 paragraph 29. Regulation about expropriation is covered in the Expropriation code.
- For information about sequestration, see the answer to question 2.
5. Please, give us an idea about the characteristics of the registration of this restriction in your system
- Sequestration is an executive measure which is applicable when a debtor or someone who is suspected of a crime, can partly or completely lose their right to dispose of their property or a specified part of their property. Decisions about sequestration can be made by the Enforcement agency or the court and they are both obliged to notify the land registry about the decision, if immovable property has been sequestrated.
- After a decision of sequestration, the owner (defendant) may not dispose of the property unless this is granted by the Enforcement Agency. A conveyance of a property is invalid and the application of registration of ownership will be rejected, if the conveyance is made after the decision of sequestration (chapter 20 paragraph 6 p. 9 the Swedish Land code.
- If the conveance was made before the date of the sequestration, registration of ownership may be granted.
