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ARTICLE · 28 JUNE 2017

Lis Pendens Procedure Needs Urgent Review

Mason Hayes & Curran LLP
Mason Hayes & Curran LLP
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Mason Hayes & Curran LLP

Mason Hayes & Curran LLP

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A lis pendens (the Latin term for "litigation pending") is a registered burden indicating that litigation is pending in relation to an interest or estate in certain property.

IrelandLitigation, Mediation & Arbitration

Lis Pendens explained

A lis pendens (the Latin term for "litigation pending") is a registered burden indicating that litigation is pending in relation to an interest or estate in certain property. Where legal proceedings affect a party's interest in lands, the counterparty in the proceedings may register a lis pendens in the Central Office of the High Court. The procedure for the registration of a lis pendens does not involve any judicial oversight and is purely administrative. Once registered, the practical effect of the lis pendens being registered on the property is that the property cannot be sold to a third party who will invariably require clean title before closing a sale. The ability of the receiver, and often the chargeholder, to dispose of the property is effectively halted until the lis pendens is removed.

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