Lis Pendens in Maryland Property Disputes
Lis pendens is the legal property situation in Maryland where there exists “a pending lawsuit, referring to the jurisdiction, power, or control which a court acquires over property involved in a lawsuit pending its continuance and final judgment.” (DeShields v. Broadwater). Specifically, in Maryland, under Maryland Rule 12-102, the doctrine of lis pendens will apply to a real property when an “action” is “filed in a circuit court or in the United States District Court for the District of Maryland that affects title to or a leasehold interest in real property located” within the State of Maryland. Such types of “actions” where lis pendens will apply in Maryland include property ownership disputes, property-line disputes, adverse possession actions, quiet title actions, fence-line disputes, and tree disputes between property owners.
In Maryland, to have lis pendens apply to a property, no further pleading or document needs to be filed (other than the action itself) because “the filing of the complaint is constructive notice of the lis pendens as to real property in the county in which the complaint is filed. In any other county, there is constructive notice only after the party seeking the lis pendens files either a certified copy of the complaint or a notice giving rise to the lis pendens, with the clerk in the other county.” (Maryland Rule 12-102). The “notice of lis pendens” has the effect of warning “all persons that certain property is the subject matter of litigation, and that any interests acquired during the pendency of the suit are subject to its outcome.” (Black’s Law Dictionary).
When a lis pendens situation occurs with regard to a specific real property in Maryland, the property owner may have difficulty taking any action related to the title of the property, including, but not limited to, selling the property, insuring the title to the property, or obtaining a loan on the property. Consequently, property owners must take significant care to avoid having a lis pendens situation occur through a related action or, at the least, have such a related action disposed of as quickly as possible.
Adam Van Grack and Longman & Van Grack’s property dispute attorneys regularly address different types of property ownership disputes, fence laws and adverse possession, tree-related property disputes, tree damage concerns in many courts throughout Maryland, Virginia, and Washington, DC. Adam Van Grack has specifically handled these types of cases in Montgomery County, Prince George’s County, Frederick County, Washington County, Garrett County, Anne Arundel County, Baltimore County, Howard County, and Washington, DC. If you would like to discuss a property dispute or lis pendens matter with a real estate dispute attorney, please call Longman & Van Grack today at (301) 291-5027 to schedule a consultation with Adam Van Grack or another attorney in our Bethesda or Rockville, Maryland offices.
Lis pendens is the legal property situation in Maryland where there exists “a pending lawsuit, referring to the jurisdiction, power, or control which a court acquires over property involved in a lawsuit pending its continuance and final judgment.” (DeShields v. Broadwater). Specifically, in Maryland, under Maryland Rule 12-102, the doctrine of lis pendens will apply to a real property when an “action” is “filed in a circuit court or in the United States District Court for the District of Maryland that affects title to or a leasehold interest in real property located” within the State of Maryland. Such types of “actions” where lis pendens will apply in Maryland include property ownership disputes, property-line disputes, adverse possession actions, quiet title actions, fence-line disputes, and tree disputes between property owners.
In Maryland, to have lis pendens apply to a property, no further pleading or document needs to be filed (other than the action itself) because “the filing of the complaint is constructive notice of the lis pendens as to real property in the county in which the complaint is filed. In any other county, there is constructive notice only after the party seeking the lis pendens files either a certified copy of the complaint or a notice giving rise to the lis pendens, with the clerk in the other county.” (Maryland Rule 12-102). The “notice of lis pendens” has the effect of warning “all persons that certain property is the subject matter of litigation, and that any interests acquired during the pendency of the suit are subject to its outcome.” (Black’s Law Dictionary).
When a lis pendens situation occurs with regard to a specific real property in Maryland, the property owner may have difficulty taking any action related to the title of the property, including, but not limited to, selling the property, insuring the title to the property, or obtaining a loan on the property. Consequently, property owners must take significant care to avoid having a lis pendens situation occur through a related action or, at the least, have such a related action disposed of as quickly as possible.
Adam Van Grack and Longman & Van Grack’s property dispute attorneys regularly address different types of property ownership disputes, fence laws and adverse possession, tree-related property disputes, tree damage concerns in many courts throughout Maryland, Virginia, and Washington, DC. Adam Van Grack has specifically handled these types of cases in Montgomery County, Prince George’s County, Frederick County, Washington County, Garrett County, Anne Arundel County, Baltimore County, Howard County, and Washington, DC. If you would like to discuss a property dispute or lis pendens matter with a real estate dispute attorney, please call Longman & Van Grack today at (301) 291-5027 to schedule a consultation with Adam Van Grack or another attorney in our Bethesda or Rockville, Maryland offices.
