Lis Pendens

Legal Definition and Related Resources of Lis pendens

Meaning of Lis pendens

(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).

Lis Pendens Legal Definition

A pending suit.

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

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Lis Pendens in the United States

Lis Pendens in Connecticut

In any action in a court of this state or in a court of the United States
(1) the plaintiff or his attorney, at the time the action is commenced or afterwards, or
(2) a defendant, when he sets up an affirmative cause of action in his answer and demands substantive relief at the time the answer is filed, if the action is intended to affect real property (more in the United States here), may cause to be recorded in the office of the town clerk of each town in which the property is situated a notice of lis pendens, containing the names of the parties, the nature and object of the action, the court to which it is returnable and the term, session or return day thereof, the date of the process and the description of the property . . . . General Statutes of Connecticut (U.S.) §52-325 (a) (2011)

Notice of lis pendens

This notice, containing the names of the parties, the nature and object of the action, the court to which it is returnable and the term, session or return day thereof, the date of the process and the description of the property . . . . General Statutes of Connecticut (U.S.) §52-325 (a). (2011)

Intended to affect real property (more in the United States here)

The actions intended to affect real property (more in the United States here)‘ means
(1) actions whose object and purpose is to determine the title or rights of the parties in, to, under or over some particular real property (more in the United States here);
(2) actions whose object and purpose is to establish or enforce previously acquired interests in real property (more in the United States here);
(3) actions which may affect in any manner the title to or interest in real property (more in the United States here), notwithstanding the main purpose of the action may be other than to affect the title of such real property (more in the United States here). General Statutes of Connecticut (U.S.) §52-325 (b). (2011).

Application for discharge

See General Statutes of Connecticut (U.S.) §52-325a (2011).

Duration of notice of lis pendens

See General Statutes of Connecticut (U.S.) §52-325e (2011).

Lis pendens in the Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims

A suit in progress: a suit pending. Pendente lite. While a suit pends; during the continuance of litigation. Lis pendens is said to be general notice to all the world. The doctrine rests upon public policy, rather than upon notice: the law does not allow parties to give to others, pending the litigation, rights to property in dispute so as to prejudice the opposite party.

Note: This legal definition of Lis pendens in the Dictionary of Law (English and American Jurisprudence) is from 1893.

Concept of Lis Pendens in the context of Real Property

A short definition of Lis Pendens: A legal notice recorded to show pending litigation relating to real property, and giving notice that anyone acquiring an interest in said property subsequent to the date of the notice may be bound by the outcome of the litigation.

Concept of Lis Pendens in the context of Real Property

A short definition of Lis Pendens: A legal notice recorded to show pending litigation relating to real property, and giving notice that anyone acquiring an interest in said property subsequent to the date of the notice may be bound by the outcome of the litigation.

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