Lis Pendens Maxim

The Lis Pendens Maxim refers to a legal doctrine that provides notice of a pending lawsuit regarding a specific property. It serves to establish that any subsequent purchasers or encumbrancers of the property are subject to the outcome of that lawsuit.

The concept of Lis Pendens has its roots in the civil law tradition, where it emerged as a means to protect rights in litigation. Historically, it became recognized in common law to prevent unfair advantage from being taken by parties who acquire property during an ongoing dispute.

In contemporary legal practice, the principle of Lis Pendens is applied to inform third parties of litigation involving real estate, ensuring that such parties are aware of the claims against the property. Most jurisdictions require the filing of a notice of Lis Pendens to maintain its effect, which may impact the marketability of the property during the pending action.

• A homeowner files a lawsuit against a neighbor claiming that the neighbor’s construction violates property boundaries, and subsequently files a notice of Lis Pendens which informs potential buyers of the home that they will be subject to the outcome of the litigation.
• A commercial developer faces a lawsuit over easement rights on a parcel of land which leads to a filed Lis Pendens, thus alerting potential investors that the property’s title may be affected by the ongoing case.

• Rahn v. Hobbs