This form is a formal notice filed with the Courts Service of Ireland. It applies when someone needs permission from the court to take possession of abandoned property. This specifically relates to Section 98(1) of the Land And Conveyancing Law Reform Act 2009.
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This form is a formal notice filed with the Courts Service of Ireland. It applies when someone needs permission from the court to take possession of abandoned property. This specifically relates to Section 98(1) of the Land And Conveyancing Law Reform Act 2009.
Plain English
If you are a mortgagee (a lender holding security over land), this notice tells the court you want to claim back property that has been left behind or abandoned. You use it when standard procedures aren't enough to allow you to take control of the asset.
Submission Date
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Need general possession order (not specifically abandoned)? | Other Possession Order Form | This form is specific to abandonment under S.98(1). | Check if your case fits the 'abandoned' criteria. |
| The property isn't yet formally deemed 'abandoned'? | Perhaps a preliminary notice or declaration form | You must establish abandonment before using this application. | Confirm documentation proving abandonment status. |
| Applying for sale authorization instead of possession? | Mortgagee Sale Order Form (or similar) | This form targets taking physical control, not just selling the asset. | Verify if 'possession' is your primary goal or sale. |
| The property is abandoned, but you are a tenant/owner, not the mortgagee? | Another application form under LCR Act 2009 | The role of the applicant matters for correct filing. | Confirm your legal standing to apply. |
The exact deadline depends on when abandonment was established. File this notice as soon as practical after confirming the property is abandoned.
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This is a formal notice filed with the Courts Service of Ireland. It specifically relates to Section 98(1) of the Land And Conveyancing Law Reform Act 2009.
Agency: Courts Service of Ireland
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93A.7 Notice Of Application For Order Authorising Mortgagee To Take Possession Of Abandoned Property - Land And Conveyancing Law Reform Act 2009, Section 98(1)
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4 things to watch for
Confusing 'abandoned' with 'vacant'; abandonment implies intent/desertion, not just emptiness.
Mistaking this for a simple notice of default; this is an *application* for permission.
Not clearly stating the legal basis—it must reference Section 98(1) LCR Act 2009.
Failing to establish that you are the *mortgagee* and not just someone with a beneficial interest.
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