Attachment of real estate
Attachment of real estate is a far-reaching measure with significant financial and legal consequences. It can block the sale, transfer or financing of a property and has a direct impact on the owner’s financial position. Precisely for this reason, this form of attachment requires a careful legal and strategic approach.
What is attachment of real estate?
Attachment of real estate concerns the attachment of registered property, such as residential property, commercial premises or land. Once the attachment is imposed, the property is effectively “frozen”: transfer or encumbrance is no longer possible without taking the attaching party into account.
Attachment of real estate may be imposed either as a pre-judgment (conservatory) attachment or as an executory attachment, depending on the stage of the dispute and whether an enforcement title is available.
Pre-judgment and executory attachment
Pre-judgment attachment of real estate is imposed to secure recovery possibilities before a court has given a final decision. Executory attachment is imposed on the basis of an enforcement title and may ultimately result in a public sale of the property.
In both cases, strict statutory requirements apply, including registration of the attachment in the public registers and compliance with formal procedural rules.
Consequences and risks
Attachment of real estate can have significant consequences, such as:
blocking the sale or refinancing of the property;
depreciation of the property’s value;
reputational and liquidity issues;
prolonged uncertainty for the parties involved.
Unlawful or disproportionate attachment may give rise to liability and claims for damages.
Defence and lifting of the attachment
The owner of the real estate may contest the attachment and, where appropriate, seek its lifting or limitation. It is also possible to provide substitute security in order to lift the attachment and restore the marketability of the property.
A swift and well-substantiated legal approach is essential in this respect.
Legal assistance in cases involving attachment of real estate
Clavix Advocaten advises and litigates in matters involving attachment of real estate. We assist both attaching parties and property owners in assessing the lawfulness of the attachment, conducting proceedings and determining an appropriate strategic course of action.
Our focus is on diligence, effectiveness and limiting financial damage.
Legal advice needed?
Are you dealing with an attachment of real estate, or are you considering using this measure? Contact Clavix Advocaten for expert advice and strategic guidance.