Lis Pendens - Definition - Law Dictionary Home Dictionary Definition lis-pendens

Definition :

Lis pendens (a pending suit). The pendency of another action between the same a parties for the same cause of action might, under the former practice, have been pleaded in abatement, though not in bar; but the pendency of an action in an inferior or foreign court could not be so pleaded. Such matter may now be setup by way of defence, or the action may be stayed by the court, under the (English) Judicature Act, 1925, s. 41, replacing Judicature Act, 1873, s. 24 (5).

The actual pendency of a suit in equity was regarded as notice of the suit to all the world, though after a complete decision the public attention may be supposed to be drawn off to other matters, and therefore a person was allowed to be ignorant of a final decree of the court made in a cause in which he was not concerned, see Price v. Price, (1887) 35 Ch D 297. But by the (English) Judgments Act, 1839 (2 & 3 Vict. c. 11), s. 7, it was enacted that no lis pendens shall bind a purchaser or mortgagee without express notice thereof unless registered and re-registered as prescribed by the Act. The Judgment Act, 1839, was repealed by the (English) Land Charges Act, 1925.

A pending action is defined in s. 2, (English) Land Charges Act, 1925, as any action, information or proceeding pending in court relating to land or any interest in or charge on land, and a petition in bankruptcy filed after the 31st December, 1925, may be registered in the register of pending actions. For registration of lis pendens does not apply to personal estate other than chattel interests in land, Wigram v. Buckley, (1894) 3 Ch 483. (Land Charges Act, 1925 s. 2)

Lis pendens affecting registered land should be registered at the Land Registry under s. 59 of the (English) Land Registration Act, 1925.