Meaning of Doctrine of Lis-pendens
“Lis pendens” is a Latin term that means “a suit pending.”
The doctrine of lis pendens is a legal principle that refers to a pending legal action or suit that affects the title to property.
In practical terms, the doctrine of lis pendens means that any transfer of property that is the subject of pending litigation is voidable, meaning that it can be set aside or nullified by the court. This applies even if the transfer was made in good faith and for value.
The Doctrine of Lis-pendens Serves Several Purposes.
- It helps to ensure that the rights of all parties to the pending litigation are protected. If property that is the subject of litigation could be freely transferred, it could undermine the court’s ability to fairly adjudicate the dispute.
- The doctrine of lis pendens helps to prevent the manipulation of property transfers in order to avoid or frustrate the outcome of litigation. For example, if a person knows that they are likely to lose a lawsuit over a particular piece of property, they could attempt to transfer the property to a third party in order to avoid having to turn it over to the plaintiff. The doctrine of lis pendens ensures that such manipulative transfers are ineffective.
The doctrine of lis pendens is intended to prevent parties from transferring property that is the subject of a legal dispute in order to avoid the outcome of the legal action. It is a mechanism for ensuring that the rights of all parties to the legal action are protected and that the outcome of the action is binding on all interested parties.
For example, if there is a pending lawsuit between two parties over ownership of a property, and one party attempts to transfer the property to a third party during the pendency of the lawsuit, the transfer may be subject to challenge under the doctrine of lis pendens. The third party may be deemed to have constructive notice of the pending lawsuit and may be bound by any judgment or order issued by the court in the lawsuit.
