Notice of attachment to a debt due to a judicial claim

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 is to block or freeze subsequent registrations, apart from implying a warning to third parties.

In general a notice of attachment does not prevent subsequent registrations in the land register, there is however one general exception. If the attachment only concerns a part of an immovable property, a new application about mortgage, shall be rejected unless the Enforcement agency gives a special permission.

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 indefinite (until removed or deleted).

But if the attachment does not lead to a sale of the property, the Enforcement Agency has to send a notification to the land registry that the attachment shall be removed.

4. Indicate the national legal sources about this judicial restriction

• Registration of the notice of attachment in the land register is regulated in chapter 19 paragraph 29 p. 6 of the Swedish land code. General regulations about attachment are found in the Enforcement code, for example chapter 4 paragraph 27, chapter 9 paragraph 14 (if the attachment concerns a mortgage), chapter 12 paragraph 4.

5. Please, give us an idea about the characteristics of the registration of this restriction in your system

The owner of a property that is encumbered with an attachment, may not dispose of the property to the disadvantage of the applicant. Once the notice of the attachment has been sent to the land registry and registered in the land register, it has legal effect (prerogative). If the property is sold or mortgaged thereafter, it does not affect the advantage of the applicant and can therefore be granted by the land registry. This is why the notice (as a main rule) does not block a subsequent registration in the land register.