Civil Judgments Enforcement Act 2004

In this section —

A property (seizure and sale) order made in respect of a judgment debtor —

applies to —

any saleable interest that is registered under the Transfer of Land Act 1893 in respect of land under the operation of that Act and that the debtor has at the time when the order is registered under section 133 of that Act in respect of the interest;

any saleable interest that is not registered under the Transfer of Land Act 1893 in respect of land under the operation of that Act and that the debtor has at the time when the sheriff receives the order;

any saleable interest in any other real property in the State that the debtor has at the time when the sheriff receives the order;

entitles the sheriff —

to seize the land; and

to sell the saleable interest; and

to apply the proceeds in accordance with section 72.

The sheriff’s entitlement applies even if the judgment debtor’s saleable interest is held jointly or in common with another or others.

Actual seizure of real property by physical occupation or other means before any saleable interest in it is sold under a property (seizure and sale) order is not necessary.

A monetary judgment does not create a charge over or an interest in any real property.

Irrespective of whether it is registered under the Transfer of Land Act 1893 or the Registration of Deeds Act 1856, a property (seizure and sale) order does not create a charge over or an interest in any real property.

Under a property (seizure and sale) order, the sheriff must not sell any saleable interest that is registered under the Transfer of Land Act 1893 in respect of land under the operation of that Act unless, at the time of the sale, the order is registered under section 133 of that Act in respect of the interest.

If, after the sheriff receives a property (seizure and sale) order, a person acquires an interest in any real property to which the order applies, the person does so subject to the sheriff’s entitlement in subsection (2) unless, at the time of acquiring the interest —

the person acquired it in good faith and for valuable consideration; and

the person had no notice of the fact that the sheriff had received the order and that it was in effect; and

the order had not been registered under the Registration of Deeds Act 1856.

Subsection (8) does not apply to or in relation to an interest acquired in any saleable interest that is registered under the Transfer of Land Act 1893 in respect of land under the operation of that Act.