lis pendens: meaning, definition, pronunciation and examples
C2Technical (Legal)
Quick answer
What does “lis pendens” mean?
A pending lawsuit.
Audio
Pronunciation
Definition
Meaning and Definition
A pending lawsuit; a legal doctrine that a lawsuit has begun but not yet been decided.
A formal notice filed in public records to indicate that a property is the subject of litigation, serving to warn potential buyers or lenders that any interests acquired may be subject to the outcome of the case. Also used as a legal term for the jurisdiction acquired by a court over property while a suit is pending.
Dialectal Variation
British vs American Usage
Differences
The term and doctrine are used in both jurisdictions, but procedural details of filing and effect may vary between common law systems. In US real estate, the filing of a 'lis pendens' is a standard step in many property-related lawsuits, while in England and Wales, the equivalent mechanism is often referred to as registering a 'pending land action' or a 'caution' under the Land Registration Act.
Connotations
The term carries identical formal, technical connotations in both regions.
Frequency
Much more frequent in American legal texts and proceedings due to the commonality of the specific procedural filing. In British contexts, the Latin term is used in legal commentary and case law, but the procedural mechanism often has an English name.
Grammar
How to Use “lis pendens” in a Sentence
The [Plaintiff] filed a lis pendens against [Property].A lis pendens was recorded on [Property Address].Vocabulary
Collocations
Examples
Examples of “lis pendens” in a Sentence
verb
British English
- No verb form used.
American English
- No verb form used.
adverb
British English
- No adverb form used.
American English
- No adverb form used.
adjective
British English
- The solicitor advised the client about the lis pendens notice registered against the land.
American English
- The title search revealed a lis pendens filing from the previous owner's divorce case.
Usage
Meaning in Context
Business
Used in due diligence for real estate transactions to identify legal risks associated with a property.
Academic
Discussed in law journals and textbooks on civil procedure, equity, and property law.
Everyday
Virtually never used; if encountered, it would be in the context of buying a house involved in a legal dispute.
Technical
Precise term for a specific legal filing and the associated common law and statutory doctrine affecting property rights during litigation.
Vocabulary
Synonyms of “lis pendens”
Strong
Neutral
Weak
Vocabulary
Antonyms of “lis pendens”
Watch out
Common Mistakes When Using “lis pendens”
- Pronouncing 'lis' as 'lies'. It is /lɪs/.
- Using it as a verb (e.g., 'They lis pendensed the land' – incorrect).
- Confusing it with a lien; a lis pendens is a notice of a claim, not the claim itself.
FAQ
Frequently Asked Questions
No, it is a Latin term understood in all common law jurisdictions, including the UK, Canada, and Australia. However, the specific procedural mechanism and its common name may differ (e.g., 'pending land action' in England).
Yes, typically by a court order when the underlying lawsuit is settled, dismissed, or concluded, or if the filing was improper. The process for removal is governed by statute and court rules.
Not necessarily; a property with a lis pendens can often still be sold. However, the lis pendens warns potential buyers that the new ownership may be subject to the outcome of the lawsuit, which greatly complicates the sale and financing.
Generally, a party to a lawsuit whose claim directly affects the title to or right of possession of specific real property (e.g., in cases of specific performance, foreclosure, partition, or disputed ownership). Frivolous filings can lead to legal penalties.
A pending lawsuit.
Lis pendens is usually technical (legal) in register.
Lis pendens: in British English it is pronounced /ˌlɪs ˈpendenz/, and in American English it is pronounced /ˌlɪs ˈpendenz/. Tap the audio buttons above to hear it.
Phrases
Idioms & Phrases
- “The property has a lis pendens clouding its title.”
Learning
Memory Aids
Mnemonic
Think: 'Lis' sounds like 'list' – it's a property listed as having a 'pendens' (pending) lawsuit.
Conceptual Metaphor
A WARNING SIGN on a property's title; a LEGAL SHADOW cast over an asset.
Practice
Quiz
What is the primary purpose of filing a 'lis pendens'?