New York Notice of Lis Pendens in Action to Quiet Title by Person Claiming Title by Adverse Possession - Squatters Rights

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Lis pendens means "a suit pending". A lis pendens is a written notice that a lawsuit has been filed involving the title to real property or some interest in that real property. Notice to the defendant who owns the property and potential buyers or financiers is given by filing the lis pendens with the clerk of the court, certifying that it has been filed, and then recording it with the County Recorder.


Adverse possession is a means by which someone may acquire title to the land of another through certain acts over a defined period of time. Such acts must continue uninterrupted for the time period defined by state laws, which vary by state.


This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Adverse possession is one possible theory of ownership that might be asserted within a quiet title action. Adverse possession is one of the only ways to obtain ownership of property other than deed or inheritance.

Lis pendens provides constructive notice, or a warning, to prospective homebuyers that the ownership of a property is in dispute and litigation is pending. Lis pendens can only be filed if a claim is related specifically to the property.

There is no specific time frame for how long a lis pendens is valid. Rather, a lis pendens is valid until it is expunged or the underlying case is resolved. If not expunged, a lis pendens is often removed as part of a settlement agreement reached between the parties.

The doctrine of lis pendens literally means ?pending suit,? and lis pendens notices are the machinery whereby a party with an unrecorded or unperfected claim to real property can put third persons interested in the property on notice of the claim or interest.

"Pendens" translates as pending, so lis pendens means pending lawsuit or lawsuit pending.

A notice of pendency of action provides constructive notice to purchasers of real estate or encumbrancers of real property of any pending court actions affecting title to or possession of real property and allows those parties to find notice of pending litigation in the recorder's office in which the real property is ...

Canceling a notice of pendency The court must cancel the notice if the plaintiff did not timely serve the summons in the underlying lawsuit; if the lawsuit has been ?settled, discontinued or abated;? if the time for appeal of a judgment for the defendant is past; or in other narrow circumstances.

A lis pendens is the first filing made during the foreclosure process. Barron's Dictionary of Real Estate Terms defines Lis Pendens as Latin for "suit pending". Lis Pendens filings are made against properties for various reasons.

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New York Notice of Lis Pendens in Action to Quiet Title by Person Claiming Title by Adverse Possession - Squatters Rights