Title Cancellation and Registration

Prepared by: Constantinople

Does Filing an Action Stop a Sale?

Filing a title action does not automatically prevent sale. An interim injunction may be considered if a new transfer would make obtaining the right harder. The court must be told not only that a dispute exists, but why the protection sought is necessary. Whether relief is granted depends on the documents, legal basis and proportionality of interference.

Evidence to Prepare for an Injunction

Current title, the transfer chain, documents supporting the cause of action and specific sale-risk information matter. Retain dated information such as an advertisement, buyer discussions or preparations by a representative for another transaction. The reason for freezing the entry must align with the right sought in the main proceedings. A general account of hardship does not replace that connection.

Decision, Security and Implementation

The court assesses prima facie proof and any security required; the other party may object. A pre-action injunction creates additional periods to monitor for the main action and implementation. Obtaining the order and applying it to the register are separate stages. Filing a petition alone should not be assumed to begin protection; the result must be checked.

Connection with Litigation Strategy

If abroad, send available documents and the latest transfer position known to you promptly. In a paid initial review, we explain the injunction's purpose, scope, basis and potential expenses separately from litigation strategy in writing. Provisional protection does not mean the action has succeeded; the ownership claim must be proved separately in the main proceedings.