Pant
Pant (a charge or mortgage) is a security right in a eiendom that secures a monetary claim. If the debtor does not pay, the chargeholder can demand that the property is sold and cover the claim from the sale proceeds ahead of other creditors.
Charges over real property are governed by the panteloven (the Norwegian Mortgages Act) of 1980, and there are three main types. Avtalepant (contractual charge) is created voluntarily when the owner signs a pantedokument in favour of a chargeholder, typically a bank that lends money. Utleggspant (execution charge) is a compulsory charge that the enforcement authorities register against the property to secure an outstanding claim, under the tvangsfullbyrdelsesloven (the Enforcement Act). Legalpant is a charge that follows directly from statute without any agreement or registration, including the municipality's charge for unpaid eiendomsskatt and municipal fees under panteloven § 6-1, and the borettslag's legalpant for up to twice the national insurance base amount.
For the charge to gain rettsvern (legal protection) against creditors and later good-faith acquirers, it must be registered in the grunnboken. Under tinglysingsloven § 20, the time of registration decides priority: a charge registered on 1 February ranks ahead of one registered on 2 February. Priority matters because first priority is paid before second priority in a tvangssalg (forced sale), so banks normally require first priority for a home loan. Priority is changed through prioritetsvikelse, where a chargeholder agrees to rank behind a new heftelse.
A charge can be created over the whole property or over an ideal share, and it can be capped at a fixed amount or run on an ongoing basis. In practice, banks use a pantedokument with a fixed charge amount set higher than the loan, to leave room for interest, costs and future drawdowns within the same priority. When the loan is repaid, the chargeholder must either issue a pantefrafall or consent to deletion in the grunnboken; the charge does not lapse automatically. A registered charge appears on the property's panteattest and grunnboksutskrift, and is a heftelse that follows the property on a sale for as long as it is not deleted.
The secured claim can be transferred to a new creditor; this is called transport of the pantedokument and does not require the owner's consent. When you buy a eiendom, it follows from avhendingsloven § 4-17 on defects in title that any charge the buyer does not expressly take over is a defect in the property, so the seller must make sure such charges are deleted or waived. The broker therefore uses the settlement funds to redeem the seller's home loan against a receipt and consent to deletion before the skjøte is registered.
A charge differs from a servitutt and a bruksrett in that it secures a monetary claim, not actual use of the property. It differs from urådighet in that the chargeholder does not restrict the owner's freedom of action directly, but only has a right to payment. Commercial properties often have complex charge portfolios with several priorities, renteswap hedges and cross-collateral; professional parties use a grunnboksutskrift with history to reconstruct the full picture.
In Placepoint, registered charges and other heftelser are shown in the property panel together with the hjemmelshaver, so you can quickly see whether a eiendom is encumbered and at what priority, without ordering a panteattest for every lookup.
How this looks in Placepoint
In Placepoint, you find this in Property panel:
From Placepoint's glossary: Pant
More information: Lovdata: Panteloven, Kartverket: Tinglyse pant, Store norske leksikon: pant
English: Mortgage / charge / pledge.
Frequently asked questions
What is the difference between avtalepant, utleggspant and legalpant?
Avtalepant is created voluntarily between the owner and the chargeholder, typically for a home loan. Utleggspant is a compulsory charge that the enforcement authorities register to secure an unpaid claim. Legalpant follows directly from statute without any agreement, including the municipality's charge for eiendomsskatt and municipal fees.
Why does priority matter?
Priority decides the order of payment in a tvangssalg. First priority is paid before second priority, so banks normally require first priority for a home loan. The time of registration sets the priority.
Does the charge lapse when the loan is repaid?
No, the charge must be actively deleted in the grunnboken. The chargeholder must issue a pantefrafall or consent to deletion; without this, the charge remains as a heftelse on the property.
What happens to a charge when a home is sold?
The seller must make sure the charge is either deleted or taken over by the buyer before the transfer of title is registered. In practice, the broker uses the settlement funds to redeem the seller's loan against a receipt and consent to deletion from the bank.
What is legalpant in a borettslag?
A borettslag has legalpant in each share for up to twice the national insurance base amount as security for unpaid felleskostnader. The charge follows from the Housing Cooperatives Act and does not require registration.