Superior Court Rules

ORDER 51

SALES BY THE COURT

1. If in any cause or matter relating to any real estate or chattel real, it shall appear necessary or expedient that the real estate or chattels real, or any part thereof, should be sold, the court may order the same to be sold, and any party bound by the order and in possession of the estate, or in receipt of the rents and profits thereof, shall be compelled to deliver up such possession or receipt to the purchaser, or such other person as may be thereby directed.

2. In debenture holders’ actions, when the debenture holders are entitled to a charge by virtue of the debenture, or of a trust deed, or otherwise, and the plaintiff is suing on behalf of himself and other debenture holders, and where the court is of opinion that there must eventually be a sale, the court may direct a sale before judgment and also after judgment, before all the persons interested are ascertained and whether served or not.

3. In all cases where a sale (including a sale directed under section 94(2) of the Land and Conveyancing Law Reform Act, 2009), mortgage, partition, or exchange is ordered, the court shall have power, in addition to the powers already existing, with a view to avoiding expenses or delay, or for other good reason, to authorise the same to be carried out, either by laying tenders before the court for its sanction or altogether out of court, any moneys produced thereby being paid into court or to trustees, or otherwise dealt with as the court may order:

Provided always that the court shall not authorise the same to be carried out altogether out of court unless and until satisfied by such evidence as it shall deem sufficient, that all persons interested in the estate to be sold, mortgaged, partitioned, or exchanged, are before the court, or are bound by the order for sale, mortgage, partition, or exchange.

[SI 149/10]

4. Before any estate or interest shall be put up for sale under a judgment or order, an abstract of the title and draft of the proposed conditions of sale shall, unless otherwise ordered, be laid before some counsel appointed by the court for his opinion thereon and for directions respecting the conditions of sale and other matters connected with the sale. The conditions of sale shall specify a time for the delivery of the abstract of title to the purchaser or his solicitor.

5. Where a judgment or order is given or made directing any property to be sold, unless otherwise ordered, the same shall be sold, with the approval of the court, for the best price that can be got, and if the sale be approved by the court all proper parties shall join in the sale and conveyance as the court shall direct.

6. No order for the payment of purchase money into court shall be necessary, but a lodgement schedule as prescribed by Order 77, rule 2 shall be sufficient authority for the accountant to receive the money.

7. Affidavits for the purpose of enabling the court to fix a reserve price shall state the value of the property by reference to an exhibit containing a statement of such value and of the facts and figures upon which such value is based, so that the value may not be disclosed by the affidavit when filed.

8. In the case of sales under the direction of the court the particulars of sale shall be signed by and the result of the sale shall be certified under the hands of the auctioneer and the solicitor of the party having the conduct of the sale. It shall not be necessary to file any affidavit verifying the particulars or the result of the sale. The certificate shall be in the Form No 21 in Appendix G.

9. The court may refer to a counsel appointed by the court any matter relating to the investigation of the title to an estate with a view to an investment of money in the purchase or on mortgage thereof, or with a view to a sale thereof, or to the settlement of a draft of a conveyance, mortgage, settlement, or other instrument, or any other matter which the court may think fit to refer.

Subscribe to our newsletter

Please enable the javascript to submit this form

Contact

Lonsdale Law Publishing

Lonsdale House

Avoca Avenue

Blackrock

Co. Dublin

 

Office Open: Monday – Friday | 9 a.m. – 5.30 p.m. (Irish time) | Tel: +353 (0)1 278 5090 | E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.