When carrying out title investigations, it has been suggested that a nil result on a Lis Pendens search reduces or even removes the need for a separate proceedings search.
At first glance, the argument appears logical. If no Lis Pendens is registered against a party, then surely there is no litigation affecting the property?
The difficulty is that a Lis Pendens search and a proceedings search are not necessarily asking the same question.
What Does a Lis Pendens Search Tell You?
A Lis Pendens is intended to provide notice that legal proceedings relating to land are pending. Once registered, it alerts prospective purchasers and interested parties that a dispute concerning property rights may exist.
For that reason, a Lis Pendens search is a valuable part of the title investigation process. However, a key consideration is that proceedings generally exist before a Lis Pendens is registered. Registration requires a separate step and does not occur automatically.
There is also an important distinction between registered and unregistered title. A Lis Pendens can be registered as a burden against registered title, but no equivalent registration mechanism exists within the Registry of Deeds. That difference alone highlights why title investigations often require more than a single search result.
Why a Proceedings Search May Still Matter
A proceedings search serves a different purpose. Rather than identifying whether litigation has been registered against land, it can help establish whether litigation exists at all.
This distinction may be important where proceedings have commenced but have not yet been registered as a Lis Pendens, or where no registration has been made. From a title investigation perspective, the issue is not simply whether a Lis Pendens appears on a register.
The more important question is whether there is litigation that could affect the purchaser’s ability to acquire good and marketable title.
Potential Gaps Worth Considering
From a title investigation perspective, three areas may be worth considering: application, timing and knowledge.
First, a qualifying proceeding does not automatically appear on the Lis Pendens register. Registration requires a separate step and, in some cases, may never occur.
Second, proceedings and registration are not necessarily simultaneous. There can be a period during which proceedings exist, but no corresponding Lis Pendens has yet been registered. In those circumstances, a nil Lis Pendens result may not tell the whole story.
Finally, recent case law has highlighted that knowledge of proceedings may arise through means other than a registered Lis Pendens. As a result, the absence of a registration does not necessarily mean the absence of a dispute affecting property. O’Flaherty v Permanent TSB [2026] IEHC 74, (Citing AS v GS [1994] 1 IR 407)
For that reason, from a searching perspective, we would be cautious about treating a nil Lis Pendens result as a complete substitute for a proceedings search.
Why Specialist Searching Matters
This issue highlights a broader point about title investigations.
Searches are not simply administrative exercises. Different searches are designed to identify different categories of risk, and understanding the relationship between them is often just as important as obtaining the results themselves.
At Ellis & Ellis, we regularly assist solicitors with complex title investigations where multiple sources of information need to be considered together to provide a clearer picture of potential risk.
The value lies not simply in conducting searches, but in understanding what each search is designed to reveal, where limitations may exist, and how the results should be interpreted in the context of a transaction.
Conclusion
A Lis Pendens search remains an important component of title investigation. However, a nil result should not automatically be treated as confirmation that no relevant litigation exists.
Lis Pendens searches and proceedings searches may identify different information at different stages of a dispute. For that reason, they are often complementary rather than interchangeable.
Ultimately, decisions regarding appropriate searches remain a matter for the acting solicitor. However, informed decisions depend on a clear understanding of what each search can, and cannot, reveal.
At Ellis & Ellis, we help conveyancing solicitors navigate these complexities by providing comprehensive title investigation searches and the expertise needed to interpret them with confidence. To learn more about our title investigation and law search services, visit www.ellis.ie.