Carol Nolan (Offaly, Independent)
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496. To ask the Tánaiste and Minister for Justice and Equality if there are proposals to amend existing legislation with respect to the application of a lis pendens on land folios; and if he will make a statement on the matter. [9139/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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Major legislative reforms in recent years to conveyancing law include the Land and Conveyancing Law Reform Acts 2009-2021. The Land and Conveyancing Law Reform Act 2009 (‘2009 Act’) was a major piece of reforming legislation, which repealed a large number of outdated laws and concepts and modernised much of our land and conveyancing law.

Part 12 of the 2009 Act sets out the law related to Lis Pendens, which is a means of putting a third party, for example a potential purchaser, on notice that there is a pending legal challenge regarding land or property. A Lis Pendens can be registered in respect of litigation in both the Circuit Court and the High Court. The procedures for registering or vacating a Lis Pendens are governed by Rules of Court.

Since the 2009 Act, a number of further reforms to land conveyancing law have been introduced through the enactment of Land and Conveyancing Law Reform (Amendment) Acts, most recently in 2021.

The Report of the Review of the Administration of Civil Justice (Hon Mr Justice Kelly Report) made over 90 recommendations, including with regard to the Lis pendens procedure:

In the interests of achieving a greater balance between the rights of those persons seeking to register a lis pendens and those persons who will be adversely affected by the registration, the Review Group recommends that the lifespan of a lis pendens would be limited to a period of 28 days and that upon the expiration of this period the lis pendens would be deemed to be vacated. However, the party who registered the lis pendens would be entitled to apply to the High Court before the expiration of the period, by way of motion on notice to all affected parties and supported by affidavit evidence, to have the period of time extended. A primary legislative amendment would be required to achieve this, with consequential amendments to rules of court.

This recommendation, along with others, is currently being considered by my Department and it is my intention to bring forward legislative amendments in a forthcoming Civil Reform Bill.