Lien or encumbrance (ónus)
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An ónus is a right held by someone else over a property (for example a mortgage, a seizure or a usufruct) that limits what the owner can do with it or secures payment of a debt.
An ónus attaches to the property, not to the person: when the property changes hands, the encumbrance may follow it. The most common ones are the (hipoteca), the (penhora), the , the and easements. They are entered in the and appear on the .
In an enforcement sale, the rule in article 824 of the Civil Code is that the buyer receives the property free of security rights (mortgages and seizures). Other rights over the property lapse only if they were not registered before any attachment, seizure or security. A usufruct registered before the oldest mortgage, for example, survives the sale.
Rights that lapse are transferred to the sale proceeds: creditors are paid out of the price, not by the buyer.
Example
Illustrative example: a flat has a mortgage registered in 2015 and a seizure registered in 2024. It sells at auction for €100,000. Both entries are cancelled and the creditors are paid from the price, in the order set in the proceedings. Had a usufruct been registered in 2010, it would still bind the buyer.
In practice, at an auction
The lists the known encumbrances. On e-Leilões the listing must mention any that will not lapse with the sale. Get the permanent certificate and compare registration dates. If an encumbrance that was not taken into account appears after the purchase, the law allows a request to annul the sale within short time limits (CPC article 838; 90 days in Tax Authority sales, CPPT article 257). Check with a lawyer or solicitador. See the guide Liens and charges in a judicial sale.