Real property

Rural estates and urban plots can be distrained. Also parts and parcels of real property and mortgageable leaseholds and other rights of use of land can be distrained. The distraint covers everything belonging to the real property, such as buildings and forestry assets.

The distraint is carried out in the enforcement authority's office, on location, or in other premises that the authority may deem suitable. When the enforcement matter becomes pending, the debtor is normally given a pendency notice, which contains e.g. instructions for the distraint process. If no pendency notice is given, the debtor will be given an advance notice of distraint, unless this would cause considerable difficulty in enforcement. No notice need be given, if the distrant is carried out with the debtor present.

A protocol is drawn up; it includes also instructions for appeal. The enforcement authority sends a notice of distraint to the title and mortgage register.

Distrained real property cannot be sold or pledged. In addition, it must be properly managed; for instance, logging beyond household use is prohibited.

If the debtor cannot otherwise repay the debt, the real property is sold by compulsory sale.

Updated on 4th of May 2011