In the fourth part of our series on the determination that property belongs to the estate, you will learn why it is advisable to file an application for an interim measure together with the action, and how this measure is reflected in the Land Registry (kataster).
In the previous parts, we explained the nature of this action, the jurisdiction of the court, and the question of who may sue. In this part, we look at an important practical step – how to protect the disputed property during the court proceedings against the other party disposing of it in the meantime.
In practice, this type of dispute generally also calls for an application for an interim measure (neodkladné opatrenie) under § 324 et seq. of the Slovak Code of Civil Contentious Procedure. By this application, the claimant asks the court to prohibit the alienation (sale, gift, etc.), encumbrance (for example, by a pledge), or other specifically defined dealings with the property – until the proceedings for the determination that the property belongs to the estate have finally ended.
The mere filing of the application for an interim measure can already be noted in the Land Registry (kataster) in the form of an annotation under § 38 of the Slovak Cadastral Act. The application for registration of the annotation must be accompanied by:
This annotation is of an informational nature only and does not in itself prevent a transfer of ownership from being registered. It is deleted upon the ordering of the interim measure, or upon the court order dismissing or rejecting the application for it.
If the court actually orders the interim measure, an annotation of the ordered interim measure is entered in part B of the title deed (list vlastníctva). This annotation is now restrictive in nature – for as long as the interim measure lasts, the competent district office (cadastral department) cannot register a transfer of ownership of the affected property in the Land Registry.
If only an ordinary annotation of a pending court dispute were entered in the Land Registry (without an interim measure), it would be of a purely informational nature and would not restrict the owner in dealing with the property. Its purpose is only to protect third parties – they thereby learn that the property is the subject of a court dispute. The consequence of such an entry is the so-called extended binding effect of the judgment under § 228(2) of the Slovak Code of Civil Contentious Procedure.
Is there a risk that the disputed property will be sold or encumbered during the court proceedings? We will prepare the application for an interim measure and arrange its registration in the Land Registry.
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