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Court vacates property sale obstruction after plaintiff fails to complete purchase
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The High Court has granted an order to vacate a lis pendens registered by the plaintiff, who had previously been recognised as having an option to purchase a property for €725,000. The court found that the plaintiff did not exercise this option within a reasonable time frame and had not attempted to complete the purchase in accordance with the court's order. The original decision to recognise the plaintiff's option to purchase was upheld, but the lis pendens, intended to protect the plaintiff's interest during proceedings, was deemed no longer necessary as the proceedings had been conclusively determined and the option was not exercised. Consequently, the court exercised its power under statute to vacate the lis pendens.
High Court, lis pendens, property sale, option to purchase, specific performance, Land and Conveyancing Law Reform Act 2009, vacate, reasonable time, exercise of option, proceedings determined, section 123(a)(i), plaintiff's failure to complete purchase, legal costs deductions, variation judgment, enforcement of rights.
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