Lis Pendens in United States

Lis Pendens Definition

(Lat.) A pending suit. The control which a court has, during the pendency of an action, over property involved therein. Bennett, Lis Pendens, § 2. ‘ The property involved is the res. Its character remains fixed during the litigation, and this litigated or contested quality is called res Utigioaa. Us pendens, notice of lis pendens, and rul lis pendens, when used without reference to a statute defining their meaning, are synonymous terms. Bennett, Lis Pendens, §§2, 59. One who purchases property pending an action concerning it (pendente lite, q. v.) takes subject to the event of the action, the maxim of the law being pendente lite nihil hnweeiMr, All real property la aubjeot to Ue pend&ne (45 N. H. 517), and all personalty (87 Pa, St. 858$ 28 Wis. 1), except negotiable paper (103 U. S. 806; 48 N. Y, 618). To constitute Us p&ndena there must be an action actually commenced (27 Mo. 560) in a court of competent jurisdiction, involving the title to particular property (13 R. L 102), to which the claimant of the property is a party (24 Iowa 155), and the property must be sufficiently described in the pleadings so that it can be identified by reasonable inquiry (4 Johns. Ch. [N. Y.] 39).

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Legal Issue for Attorneys

(Lat.) A pending suit. The control which a court has, during the pendency of an action, over property involved therein. Bennett, Lis Pendens, § 2. ‘ The property involved is the res. Its character remains fixed during the litigation, and this litigated or contested quality is called res Utigioaa. Us pendens, notice of lis pendens, and rul lis pendens, when used without reference to a statute defining their meaning, are synonymous terms. Bennett, Lis Pendens, §§2, 59. One who purchases property pending an action concerning it (pendente lite, q. v.) takes subject to the event of the action, the maxim of the law being pendente lite nihil hnweeiMr, All real property la aubjeot to Ue pend&ne (45 N. H. 517), and all personalty (87 Pa, St. 858$ 28 Wis. 1), except negotiable paper (103 U. S. 806; 48 N. Y, 618). To constitute Us p&ndena there must be an action actually commenced (27 Mo. 560) in a court of competent jurisdiction, involving the title to particular property (13 R. L 102), to which the claimant of the property is a party (24 Iowa 155), and the property must be sufficiently described in the pleadings so that it can be identified by reasonable inquiry (4 Johns. Ch. [N. Y.] 39).

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This definition of Lis Pendens is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.

Practical Information

Note: Some of this information was last updated in 1982

Litigation pending; a pending suit. Whenever a lawsuit involving real property is commenced, a notice of lis pendens or “pendency of action” is filed. A notice of lis pendens gives constructive notice to the world that the property described therein is involved in a lawsuit. The notice is filed with the proper official, such as the county clerk, recorder, or register of titles under the torrens system (in U.S. law), at the time the complaint (in U.S. law) is filed. The filing of the notice of lis pendens is a vital step in actions involving real property (in U.S. law), such as foreclosures, actions to quiet title, condemnation proceedings, and partitions. If a defendant disposes of an interest in the property after suit is commenced but before notice is filed, the plaintiff s suit is defective. On the other hand, any claim against, or interest in, the property arising subsequent to the filing of the lis pendens is subordinate to the interest of the plaintiff as determined by the lawsuit.

(Revised by Ann De Vries)

What is Lis Pendens?

For a meaning of it, read Lis Pendens in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Lis Pendens.

Lis Pendens in State Statute Topics

Introduction to Lis Pendens (State statute topic)

The purpose of Lis Pendens is to provide a broad appreciation of the Lis Pendens legal topic. Select from the list of U.S. legal topics for information (other than Lis Pendens).

Meaning of Lis Pendens

In plain or simple terms, Lis Pendens means: A pending suit.

Lis Pendens (Remedies)

This section introduces, discusses and describes the basics of lis pendens. Then, cross references and a brief overview about Remedies is provided. Finally, the subject of Civil Procedure in relation with lis pendens is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Resources

Further Reading

• Information about Lis Pendens in the Gale Encyclopedia of American Law.