Civil Procedure

Lis Pendens

Latin for "suit pending." A notice registered against immovable property warning potential purchasers that litigation is pending concerning that property.

Legal Definition

A lis pendens is a notice registered in the Deeds Registry against a property to inform the public that litigation affecting the property is currently pending. A purchaser who buys a property with a registered lis pendens takes the property subject to the outcome of the litigation — they cannot claim they had no notice. Lis pendens is registered by the applicant in pending court proceedings and is removed when the litigation is resolved.

📖 Constitutional / Statutory Basis: Section 25 (property rights); Section 34 (access to courts)

Practical Example

Party A sues Party B claiming ownership of a property. Party A registers a lis pendens notice against the property. If Party B tries to sell the property while litigation is pending, the buyer is bound by the outcome of the suit.

Frequently Asked Questions

Can a property be transferred while a lis pendens is registered against it in South Africa?

Technically yes, but the transfer is subject to the outcome of the litigation. A purchaser who knowingly buys a property with a lis pendens takes the risk that the court may reverse the transfer if the applicant succeeds.

How is a lis pendens removed in South Africa?

A lis pendens is removed by lodging the relevant deeds office form at the Deeds Registry, accompanied by a court order or consent from the applicant confirming the litigation has been resolved or the notice withdrawn.

Related Terms

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