Superior Court Rules

ORDER 72A

LAND AND CONVEYANCING LAW REFORM ACT, 2009

1. In this Order:

‘the Act’ means the Land and Conveyancing Law Reform Act, 2009 and any reference in this Order to a section shall, unless the context otherwise requires, be deemed to be a reference to a section of the Act.

[SI 149/10]

2. (1) Proceedings for the following reliefs under the Act shall be commenced by special summons in accordance with Order 3:

(a) an order to resolve a dispute mentioned in section 22;

(b) an order to approve an arrangement specified in an application under section 24;

(c) an order under section 31;

(d) an order under section 49(5);

(e) an order under section 50(1);

(f) an order under section 68.

(2) The following proceedings under the Act may be commenced by plenary summons in accordance with Order 1, rule 2:

(a) an action for damages in accordance with section 18(6);

(b) an action in which an order is sought under section 35(2);

(c) an application for damages in accordance with section 84(8).

(3) Applications for the following reliefs under the Act shall be brought by motion on notice in the proceedings before the court to which the application relates, grounded upon an affidavit sworn by or on behalf of the moving party:

(a) an order under section 98, where the court is already seised of an application or proceedings relating to the mortgaged property;

(b) an order under section 112(3)(d) in an action relating to the mortgaged land.

[SI 149/10]

3. (1) The register of lis pendens referred to in section 121 (in this rule, the ‘register’) shall be maintained in a book to be kept for that purpose in the Central Office. The register shall be arranged, in alphabetical order, according to the surname of the person whose estate is intended to be affected by each lis pendens. The book kept for that purpose in accordance with section 10 of the Judgments (Ireland) Act, 1840 immediately before 1 December 2009 shall, until replaced, and with such modifications as may be necessitated by this rule, continue to be the register. The book kept for that purpose in accordance with section 10 of the Judgments (Ireland) Act, 1844 immediately before 1 December 2009 shall, until replaced, and with such modifications as may be necessitated by this rule, continue to be the register.

[SI 116/13]

(2) To register a lis pendens in the register, the plaintiff or his solicitor shall provide to the proper officer, in respect of each person whose estate is intended to be affected by the lis pendens:

(a) a memorandum in duplicate in the Form No 31 in Appendix C containing the particulars specified in sub-rule (3) of the action or proceedings mentioned in section 122, and

(b) a copy of the originating document,

and shall on request produce to the proper officer the sealed originating document.

(3) The particulars to be entered in the register are:

(a) the name and the usual or last known place of residence (or in the case of a company, the registered office) and description of the person applying for registration, and the name and place of business of his solicitor, if any;

(b) the name and the usual or last known place of residence (or in the case of a company, the registered office) and description of the person whose estate is intended to be affected by the registration;

(c) the court in which, and date on which the action was, or the proceedings were, commenced, and the title and record number of the action or proceedings.

[SI 149/10]

4. (1) The consent referred to in paragraph (a) of section 122 shall be in the Form No 32 in Appendix C.

(2) The requirement in paragraph (b) of section 122 for lodgement in the Central Office of a notice of an order under section 123 shall be satisfied by lodging an attested copy of the order of the court or, as the case may be, of the Circuit Court, in the Central Office.

[SI 149/10]

5. The proper officer shall, on request, issue a certificate of the registration of a lis pendens in the form included in Form No 31 or, as the case may be, of the cancellation of an entry on the register in Form No 33.

[SI 149/10]

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