# Removing a Lis Pendens from a property



## whiskey1 (11 Mar 2014)

I lodged a Lis Pendens in the Land Registry a couple of years ago against a property. The court case is now at an end but the Lis Pendens remains on the property as a "burden". How do I remove the Lis pendens? Would I be correct in saying that I must bring a Motion before the County Registrar accompanied by a grounding Affidavit? 

 Also, who completes Form 33 as set out in rule 5 order 72A rules of the superior courts?


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## Brendan Burgess (11 Mar 2014)

How did you lodge it? 

If you used a solicitor, surely she will know how to remove it.

Brendan


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## whiskey1 (11 Mar 2014)

Brendan Burgess said:


> How did you lodge it?
> 
> If you used a solicitor, surely she will know how to remove it.
> 
> Brendan



I lodged the lis pendens myself.


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## Bronte (12 Mar 2014)

Then you need to cancel the Lis Pendens, why don't you ask the courts office what document you need, there is presumably a standard form for this.


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## whiskey1 (20 May 2014)

I got it cancelled by the county registrar by bringing a motion before him. Normally form 33 is sent to the high court central office but they had no record of the lis pendens therefore it was back to the county registrar.


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## Bronte (21 May 2014)

I'm confused, are you saying that the original Lis Pendans that you originally lodged was not registered?


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## whiskey1 (21 May 2014)

Bronte said:


> I'm confused, are you saying that the original Lis Pendans that you originally lodged was not registered?



The original lis pendens was signed by my local county registrar following which i sent this to the land registry who then placed it on the folio of the property. Now that the case is over i went to remove the lis pendens as told by the land registry which was to have it removed by the high court central office. They had no record of it so my local county registrar signed an order for its removal which i must forward to the land registry.


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