A notice of lis pendens (Latin for 'a suit pending') is an annotation on a property's title announcing that the property is the subject of a pending court case affecting its title or possession. Its effect is to bind anyone who acquires the property afterward to the outcome of the case — a buyer takes the property subject to the result, so they cannot claim to be a buyer in good faith. It applies to actions that directly affect title to or possession of real property, such as recovery of ownership, partition, quieting of title, or annulment of a sale, but not to actions merely for a sum of money. It is annotated with the Registry of Deeds and can be cancelled by court order, for example if it was improperly filed or the case ends.
When a property is caught up in a lawsuit, a notice of lis pendens warns the world — so that no one can buy it and later claim they had no idea.
What It Is
Lis pendens means “a suit pending.” A notice of lis pendens is an annotation on the title announcing that the property is the subject of a pending case affecting its title or possession. It is a warning, not a lien — but a powerful one.
Its Effect: Buyers Take the Risk
The key effect: anyone who acquires the property after the annotation is bound by the outcome of the case. They take the property subject to the result and cannot claim to be a buyer in good faith. So if the plaintiff wins, the buyer is bound just as the seller would have been. This discourages sellers from unloading disputed property on unsuspecting buyers.
When It Applies
Lis pendens is proper in actions that directly affect the title to or possession of real property, such as:
- Recovery of ownership or possession (accion reivindicatoria/publiciana);
- Partition of real property;
- Quieting of title; and
- Annulment of a sale or mortgage affecting the property.
It is not proper in actions merely for a sum of money that do not affect title or possession.
How to Annotate It
The party files the notice with the Registry of Deeds where the property is registered, and it is annotated on the certificate of title. From that point, the warning runs with the title until cancelled.
How It Is Cancelled
A notice of lis pendens may be cancelled by court order, for instance where:
- The annotation was improper or used to molest the adverse party or was unnecessary to protect the filer's rights; or
- The case has ended (dismissed or finally decided).
Practical Takeaways
- A notice of lis pendens warns buyers that a property is in litigation and binds them to the outcome;
- It applies to suits affecting title or possession, not to pure money claims;
- Annotate it at the Registry of Deeds; it can be cancelled by court order if improper or once the case ends.
Frequently Asked Questions
What is a notice of lis pendens? An annotation on a property's title announcing that the property is the subject of a pending court case affecting its title or possession. It warns the world that the property is in litigation.
What does it do to a buyer? Anyone who acquires the property after the annotation is bound by the outcome of the case and cannot claim to be a buyer in good faith. They take the property subject to the result.
When can lis pendens be used? In actions that directly affect title to or possession of real property, such as recovery of ownership, partition, quieting of title, or annulment of a sale. It is not proper in pure money claims.
Can it be removed? Yes. A notice of lis pendens can be cancelled by court order, for example if it was improperly filed or used to molest the adverse party, or once the case is dismissed or finally decided.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.