Lis Pendens

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Related to Lis Pendens: Lis alibi pendens

Lis Pendens

[Latin, Pending lawsuit.] A reference to the jurisdiction (or control) that courts obtain over property in a suit awaiting action.

A notice filed in the office of public records that the ownership of real property is the subject of a legal controversy and that anyone who purchases it takes it subject to any claims asserted in the action and thereby its value might be diminished.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

lis pendens

(lease pen-dense) n. Latin for "a suit pending," a written notice that a lawsuit has been filed which concerns the title to real property or some interest in that real property. The lis pendens (or notice of pending action) is filed with the clerk of the court, certified that it has been filed, and then recorded with the county recorder. This gives notice to the defendant who owns real estate that there is a claim on the property, and the recording informs the general public (and particularly anyone interested in buying or financing the property) that there is this potential claim against it. The lis pendens must include a legal description of the real property, and the lawsuit must involve the property. Otherwise, if there is a petition to remove the lis pendens from real property not involved in the lawsuit, the plaintiff who originally recorded a false lis pendens will be subject to payment of attorneys fees as a penalty. Example: Joe Plumbob provides work and materials to Smith's home, sues to enforce a mechanic's lien, but records a lis pendens describing three other properties owned by Smith; Plumbob can be penalized by court order.

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

LIS PENDENS. The pendancy of a suit; the time between which it is instituted and finally decided.
     2. It has been decided that the mere serving of a subpoena in chancery, unless a bill be also filed, is not a sufficient lis pendens, but the bill being filed, the lis pendens commences from the service of the subpoena, although that may not be returnable till the following term 1 Vern. 318; and after a decree, final in its nature, there remains no lis pendens. 1 Vern. 459.
     3. It is a general rule, that lis pendens is a general notice of an equity to all the world. 3 Atk. 343; 2 P. Wms. 282; Amb. 676; 1 Vern. 286. Vide 2 Fonb. Eq. 152, note; 1 Supp. to Ves. jr. 284; 3 Rawle, R. 14; Pow. Mortg. index, h.t.; 1 John. Ch. R. 566; 2 John. Ch. R. 158; 4 John. Ch. Rep. 83; 2 Rand. Rep. 93; 1 M'Cord, Ch. R. 264; Harp. Eq. R. 224; 1 Bibb, R. 314; 5 Ham. Rep. 462; 4 Cowen, R. 667; 1 Wend. R. 583; 1 Desaus. R. 167, 170; 2 Edw. R. 115; 1 Hogan, R. 69; 6 Har. & John. 21; 2 Dana, R. 480; Jac. R. 202; 1 Russ. & My. 617 Corn. Dig. Chancery, 4 C 3; 2 Bell's Com. 152, 5th ed.; 1 Bail. Eq. R. 479; 7 Dana, R. 110; 7 J. J. Marsh. 529; 1 Clarke, R. 560, 584; 14 Ohio, 109, 323.
     4. When a defendant is arrested pending a former suit or action, in which he was held to bail, he will not, in general, be held to bail, if the second suit be for the same cause of action. Grah. Pr. 98; Tro. & Hal. Pr. 44; 4 Yeates' R. 206. But under special circumstances, he may be held to bail twice, and of these circumstances the court will judge. 2 Miles, Rep. 99, 100, 142. See 14 John. R. 347. When such a second action is commenced, the first ought to be discontinued and the costs paid; but, it seems, it is sufficient if they are paid before the replication of nul tiel record to a plea of autre action pendant. in the second suit. Grah. Pr. 98; and see 1 John. Cas. 397; 7 Taunt. 151; 1 Marsh. R. 395; Merl. Rep. Litispendance; 5 Ohio R. 462; 6 Ohio R. 225; 1 Blackf. R. 53; Id. 315; Autre action pendent; Bail; Litigiosity.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
"River City's success in striking the notice of lis pendens alone does not equate to a finding in its favor on any substantive ground," Williams said.
She said she filed the lis pendens on property at the Vizcaya project in September 2007 "to stop him from destroying the complete piece of property."
In line with the civil law's focus on procedural efficiency, the lis pendens system for allocating jurisdiction is designed to prevent concurrent proceedings by adopting a 'simple test of chronological priority' in favour of the first court seised.
(44) And even though the Commission's proposal does not contain any explicit forum non conveniens provision, the planned extension of the lis pendens rule of the Brussels I Regulation to include situations where actions are pending in a non-European country is sometimes represented as being inspired by forum non conveniens.
(29) B filed a reformation suit and recorded a lis pendens that embraced his claim to the strip of land.
According to the Court of Appeal of Florida, the proper method of calculating damages for the wrongful filing of a lis pendens is the difference between fair market value at the time of filing of the lis pendens and fair market value at the time of termination, plus any consequential damages.
He is seeking a conveyance of the property, and he has filed a notice of lis pendens in order to cloud the title.
Darryll Holland will be back in action on Champions' Day after being kicked on the elbow while mounting Lis Pendens at Goodwood on Sunday.
[paragraph] 43 "Reference was made also to Recital 15 and the words 'there must be a clear and effective mechanism for resolving cases of lis pendens ...' and to '...
Content examines those topics aising in international commercial arbitration, from the perspective of all developed international and national legal systems, including: the sparability of the arbitration agreement; choice of law governing the arbitration agreement; formation and validity; confidentiality; challenge of arbitrators; choice of substantive and procedural laws; rights and duties of arbitrators; annulment of awards; and, issues of preclusion and lis pendens.