The doctrine of lis pendens
The doctrine of lis pendens, Latin for "pending litigation," refers to the legal principle that restricts the transfer of property that is the subject of ongoing litigation. It aims to protect the integrity of court proceedings and prevent parties from disposing of property to evade potential judgments.
Contextually, lis pendens is often invoked in real estate disputes where one party attempts to sell or transfer property while a legal action concerning that property is pending. By restricting such transactions, the doctrine ensures that any judgment rendered in the litigation will be binding on subsequent purchasers.
The history of the doctrine dates back centuries, with its roots found in Roman law. It was later codified and developed in various legal systems, including common law jurisdictions. The principle evolved to strike a balance between protecting the rights of parties involved in litigation and maintaining stability and fairness in property transactions. Today, lis pendens statutes and case law provide guidance on its application in modern legal systems
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Post Bar Law Clerk | Post Bar Candidate Wood Smith Henning & Berman LLP
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