Ireland

What is a lis pendens and how does it affect property?

Notice on title
Legal effect
s. 121
Relevant section
2009 Act
Governing law
No sale/mortgag
Key restriction
The Short Answer

A lis pendens is a formal notice registered against a property to warn that legal proceedings affecting its ownership or rights are pending. In Ireland, it prevents the owner from selling or mortgaging the property without disclosing the claim.

What the Law Says

The Land and Conveyancing Law Reform Act 2009 governs how notices of pending legal actions — known as 'lis pendens' — are registered against land in Ireland. This system replaces older common law rules with a clear statutory framework.

A lis pendens is a warning notice entered on the Register of Title (at the Property Registration Authority) indicating that court proceedings are underway which may affect the ownership, use, or value of a specific property.

Once registered, it binds anyone who later acquires an interest in the land — meaning a buyer or lender cannot claim ignorance of the dispute. It does not decide the outcome of the case, but it stops the owner from dealing with the property freely while the matter is unresolved.

The notice remains effective until the court proceedings end or the notice is formally withdrawn or cancelled by order of the court.

Statutory Text

A lis pendens shall be entered in the register of title maintained by the Property Registration Authority in respect of any land the subject of proceedings in the High Court or the Circuit Court which seek to affect the title to, or the right to possession of, such land.

Land and Conveyancing Law Reform Act 2009, s. 121 — Registration of lis pendens

What to Do

1

Check the folio at the Property Registration Authority to see if a lis pendens is registered on the property.

2

If you are buying or lending, require written confirmation from the seller/borrower that no lis pendens exists — or obtain court consent if one is in place.

3

If you are starting legal proceedings affecting land, apply to the court for permission to register a lis pendens, then file the notice with the PRA.

4

If a lis pendens is wrongly registered, apply to the court for its removal under s. 121(4).

Sources

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.