Lis Pendens in Land Law

Lis pendens is a Latin term that translates to 'pending lawsuit'. It refers to a legal notice filed with the court indicating that a lawsuit has been filed concerning a particular property.

This notice serves as a warning to potential buyers or lenders that the property is subject to litigation, and any transaction involving the property may be affected by the outcome of the lawsuit.

Lis pendens is usually filed by the plaintiff in a lawsuit to protect their interest in the property in question. It puts a cloud on the property title, which means that any subsequent buyer or lender will be subject to the outcome of the pending lawsuit.

The lis pendens notice must be recorded in the local land records office where the property is located, and it remains in effect until the lawsuit is resolved.

Lis pendens is often used in real estate disputes, such as boundary disputes, disputes over ownership or possession of the property, and disputes over liens or other encumbrances on the property. It can also be used in other types of civil litigation, such as divorce cases, where property division is a central issue.

In summary, lis pendens is a legal notice that alerts potential buyers or lenders that a lawsuit is pending over a property, which may affect their rights and interests in the property.