How to Remove Property Seizure: A Practical Guide for Homeowners

A property seizure (arrest) is not just a technical mark in a registry — it is a real restriction on ownership rights. When a property is under arrest, it cannot be sold, gifted, or even legally rented out. Such an encumbrance is imposed when there are doubts about the fulfillment of obligations or ongoing legal proceedings — and it can only be lifted in accordance with the law.

All information about the seizure is entered into official state registers, and its appearance effectively “blocks” any transactions with the property. In civil cases, the arrest is usually imposed by a state or private enforcement officer. If the debt has been paid or the enforcement proceeding is completed, the officer has the authority to lift the arrest by issuing an official ruling. If this does not happen, the decision can be appealed to the higher authority of the enforcement service.

Seizure in Criminal Proceedings

In criminal cases, property seizure is used to preserve evidence or secure potential confiscation. It is imposed by an investigative judge and can be lifted only by a court — after proving that the need for the restriction has expired or that it was imposed unlawfully. In such cases, a motion to lift the seizure is submitted to the court, which then decides whether to cancel the restriction or keep it in force until the end of the investigation.

Seizure Due to Tax Debts

Tax authorities may impose a seizure in the form of a tax lien when the owner fails to fulfill tax obligations. In this case, the restriction can be lifted by paying off the debt or by appealing the tax notice-decision.

When Only the Court Can Help

Sometimes out-of-court measures do not work. Then, the only option is to file a lawsuit or a motion for lifting the seizure. The application must be accompanied by supporting documents: an extract from the State Register of Property Rights, proof of payment of the court fee, and the court decision or ruling that initially imposed the seizure.

How to Avoid Seizure and What to Check

Before buying or selling property, it is essential to check it in the Register of Encumbrances. This helps prevent situations where a transaction is blocked by an old or unlawful seizure.

A property arrest is always a risk for the owner, but in most cases, it can be lifted. The key is to act promptly, follow the correct legal procedure, and clearly understand in which proceeding and on what basis the restriction was imposed.