What is a prohibition of sale and encumbrance? Can I prevent a forced sale with a prohibition of sale and encumbrance?
A prohibition of sale and encumbrance obliges the encumbered party to refrain from selling or encumbering a property. It is also effective against third parties if it is entered in the land register. An entry can be made between spouses and between (grand)parents and (grand)children.
The prohibition entered in the land register also prevents a forced sale and the compulsory creation of a lien in execution proceedings.
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