Last Updated on February 18, 2025
What is a Lis Pendens?
The term Lis Pendens, Latin for “Pending Litigation,” refers to encumbrances placed on a property when legal proceedings are ongoing in the Circuit or High Court. These encumbrances indicate that the property is involved in unresolved litigation.
Under Section 69 (1)(i) of the Registration of Title Act 1964, the Act outlines the types of encumbrances that can be registered against property, including Lis Pendens, judgments, mortgages, and other legal claims, whether they exist before or after the land is first registered.
Why should a conveyancing solicitor search for a Lis Pendens when investigating property or rights?
The primary function of registering a Lis Pendens is to inform potential buyers or interested parties of an ongoing dispute, usually related to ownership or boundaries. According to Section 121 of the Land and Conveyancing Law Reform Act 2009, a Lis Pendens can be registered in the following cases:
(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.
Other encumbrances might involve rights of way, mortgages, rights of residence, or public authority rights (e.g., laying pipelines). A buyer purchasing property with an existing Lis Pendens will take on the property subject to this legal claim.
For purchasing solicitors, it’s crucial to ensure that the client is not inheriting legal problems that could limit their rights or the value of the property. Thus, conducting a Lis Pendens search helps confirm the property’s clean title before the sale proceeds.
Secondly, the existence of a Lis Pendens may also impact the buyer’s ability to become the registered owner, and the Land Registry or the Property Registration Authority could reject the transaction. If the buyer needs financing, the lender might refuse a mortgage if a Lis Pendens is present.
What details are recorded on the Lis Pendens register?
Entries are generally recorded against the party whose estate is affected, whether an individual or a legal entity, and include:
- The name of the affected party (and sometimes their address).
- The title of the legal case.
- Court and record numbers.
- The date the legal action was filed.
- The details of the solicitors involved.
- The date the Lis Pendens was registered.
Each entry is identified by a book and page number (e.g., Book 10/Page 71) and a memorial number (e.g., memorial number 2021/160). Depending on the case, either the defendant or the plaintiff may be recorded as the affected party.
How and what to search for in the Lis Pendens register?
As mentioned above, entries are principally registered against the party ‘whose estate is intended to be affected’, e.g., a legal person or entity (company).
Seller Names: Judgment (Lis Pendens) register searches are performed against the names of the individuals (and/ or entities) selling the property (or an interest or a right).
Purchaser Names: In addition, when the solicitor undertakes to protect the interest of a lender/ lending institute where a mortgage is to be issued, searches are generally also performed against the names of those persons or entities acquiring the property/ right/ interest.
Are addresses necessary when submitting a search instruction?
In short, addresses are not required.
The Lis Pendens Register is a list of names or parties against whom a Lis Pendens has been recorded. Therefore, searches are solely based on the names provided in the search instruction, regardless of any address details.
What will the Ellis & Ellis certified Lis Pendens result show me?
The Ellis & Ellis search will check for any encumbrances (related to real estate) recorded in the Registry of Judgments against the provided names, including ‘…Lispendens, Recognizances, Crown Bonds, Judgments at the suit of the Crown, Statutes, Inquisitions, and Acceptances of Office, registered, re-registered or redocketed…’.
Ideally, the search result will be clear for the purchasing solicitor or conveyancer.
However, there may be instances where a “hit” or matching entry appears for the name provided. In this case, the result will display all relevant details recorded on the register, along with a “Status” field.
This “Status” field is usually blank unless the entry has been satisfied, vacated, or cancelled. If the status has changed, it will be reflected once the new status is confirmed.
How will I know if the ‘hit’ on the register is for the seller or my client?
If a matching ‘bearer of a name’ is found, it can be difficult to determine if this is the selling party or, indeed, the purchaser in question.
The associated addresses listed could be a business address or another contact location, not necessarily the affected property or known addresses.
Again, in cases where a person owns multiple properties, it may not be immediately clear which property is under dispute.
However, the good news for conveyancers is that the onus is typically on the selling solicitor to clarify if the found Lis Pendens applies to their client’s property or not.
How long does a Lis Pendens last, and what are the implications of a ‘hit’?
The authority inherent in a Lis Pendens to allow registration of a lien or burden on the folio remains in effect for five years; unless a court order or Notice of Motion results in it being annulled, satisfied, vacated, or cancelled.
However, unless formally removed, a Lis Pendens entry stays on the register permanently and may appear in future searches.
As such, the presence of a Lis Pendens (unless marked as ‘satisfied, vacated, cancelled, or annulled’) could indicate an ongoing legal case (even beyond the 5-year window) the prospective purchaser could inherit.
Accordingly, conveyancing solicitors generally require that any Lis Pendens appearing on searches (especially with a matching address) be properly addressed before they recommend to their client to proceed with a conveyance.
Use a trusted law search provider
Given the serious impacts of inadequate Lis Pendens searches, it’s essential to use a dependable search provider like Ellis & Ellis.
With over 135 years of expertise, we offer quick, easy, and professional searches to ensure that clients receive accurate, up-to-date results. Plus, we provide professional indemnity cover exceeding €10 million for added peace of mind.
Join thousands of satisfied clients who trust Ellis & Ellis for their legal search needs.
If you found this information helpful, explore our other search services, including:
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