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.

This registration is called a Judgment Mortgage

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?

Subsequent registrations may be made but they are made subject to the Judgment Mortgage.

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).

4. Indicate the national legal sources about this judicial restriction

Part 11 of the Land and Conveyancing Law Reform Act, 2009.
Sections 69, 71 & 72 of the Registration of Title Act, 1964.

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

• The applicant obtains the Judgment in court.
• An application can then be made to register the judgment as a judgment mortgage under Rule 110 of the Land Registration Rules, 2012, and by lodging a Form 60 of the Land Registration Rules, 2012.
• The entry appears on the register as;
• A judgment mortgage in respect of a judgment obtained by……………..against……………….on the ……day of ………… in the …………Court, Record Number……….. in a cause (or action or matter) of ……………. V…………….against the interest of …………in the property.