Where there is a dispute in relation to title (e.g. Ownership or boundaries) and there is a High Court or Circuit Court case pending *, a Lis Pendens can be registered in the Judgments Section of the Central Office of the High Court. Lis Pendens literally means “Litigation Pending”
The function of registering a Judgment (Real Estate/ Lis pendens) is to put potential buyers or other interested parties on notice that there is a dispute in relation to the property.
A Judgment (Real Estate/ Lis Pendens) register search is typically conducted against the names of the individuals (and/ or entities) selling the property, and against the names of those persons or entities purchasing the property (when there is an undertaking by the solicitor to protect the interest of a lender/ lending institute where there is a mortgage to be issued). Judgment (Real Estate) Lis Pendens searches cover a period of the last 5 years.
* Section 121 of The Land and Conveyancing Law Reform Act 2009 states that “The following may be registered as a Lis Pendens:
(a) any action in the Circuit Court or the High Court in which a claim is made to an estate or interest in land (including such an estate or interest which a person receives, whether in whole or in part, by an order made in the action) whether by way of claim or counterclaim in the action; and
(b) any proceedings to have a conveyance of an estate or interest in land declared void.” The Summons or Civil Bill need not be served to register a Lis Pendens.
Once the claim exists, a Lis Pendens can be lodged, and may be registered in Judgment (Real Estate/ Lis pendens) register.