What is a lis pendens
and when is it required under Utah law?
"Lis pendens" is a Latin term often translated as meaning "suit
pending." It is a document which, when properly recorded with
a county recorder's office, has the legal effect of putting all persons
or entities with an interest in real property on notice that there is
litigation pending with regard to that real property. In
certain legal actions, such as an action for partition
of real property
, a party to the action may be required by
statute to file a lis pendens. If you are involved in a
dispute involving real estate or considering a transaction involving
real estate, it is important to have legal advice from a competent Utah
real estate attorney
Under the Utah Code, a lis pendens must contain the names of the
parties involved in the litigation, the object or purpose of the legal
action, and a description of the property affected. The lis
pendens must then be recorded against the subject property in the
appropriate county recorder's office.
When purchasing real property in Utah, it is vital to perform an
appropriate title search to determine whether clear title to the
property can be obtained. Discovering a lis pendens recorded
against the property will put a potential purchaser on notice that
there is pending litigation. The filing of a lis pendens also
serves to protect other parties, other than a potential purchaser, who
have an interest in the property. Under Utah Code section
78B-6-1303, a purchaser or encumbrancer of the property is considered
to have constructive notice of the pending litigation, even if that
purchaser or encumbrancer does not have actual notice or knowledge of
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offer legal services to clients throughout Utah. Contact us
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