Notice of freezing and confiscation orders in accordance with the Regulation (UE) 2018/1805

Through the present work, the ELRN Contact Points provide information about the aspects of the registration of the freezing and confiscation orders in their land registration systems.

This fact sheet takes in consideration the needs of application of the European Regulation 2018/1805, and in particular its effectiveness on the properties affected by judicial proceedings in which these kinds of orders are issued. Court orders from the Member States shall be executed in other Member States and this may imply their registration when they affect immovable properties leading to registration, in the form of notices of freezing or confiscation.

ELRA deem useful to disseminate information about the requirements and effects of these land register notices, since every European legal system has specific characteristics.

Part 1. Registry requirements

1. 1. What is the procedure to lodge or present these judicial orders in the Land Register? Particularly electronic.
   2. Possibility of registering these orders in the event that who appears as the owner of a property according to the land registry («A») is a different person from the defendant (or person «B») who is issued a freezing or confiscation order against.
   3. Type and duration of the registration of these orders

Part 2. Registry effects

1. 1. Effects of the freezing order once registered
   2. Effects of the confiscation order once registered
   3. What is the registry proceeding and moment in which the opening procedures of freezing or confiscation are applied for registration?
   4. What are the executing authorities of these orders in this national system and what is the role of the land registers?

Part 3. National land registry experience