Buying Land in the South East of Nigeria Part 4: List Pendens.

Hello everyone. How was your weekend?I have written on the above topic for sometime now. Today I want to conclude it with what in law is called "Lis Pendens". The doctrine applies to cases about land sold to third parties when the case was in Court. #Meaning Lis Pendens is derived from two Latin words "Lis" meaning dispute and "Pendens" meaning pending. and when read together it means "a pending legal action". Therefore, Lis Pendens is official notice of a pending/existing lawsuit over title to land or claim of the interest in the land. In some jurisdictions such as the United States of America the notice is filed at the county land office while in Nigeria there is no practice . The underlying principle is that any land/real property that is the subject matter of a pending litigation cannot be sold to anybody. Therefore,any person that buys such land does so at his own risk as he bought subject to the outcome of the case. Rationale behind the Principle The rationale behind this principle is that the pending litigation gives the Court power to hear and decide the case and nobody can foist a situation of helplessness on the Court. If your seller loses you lose. His success or failure in court determines your fate Courts do not act in vain. it is a risk not worth taking. Conditions for its Application Lis Pendens applies to protect both parties. Four conditions must exist before it can apply. These are' 1. The case in court must be about land . 2. The case must be about recovery or claim to title to the land. 3. The case must have been filed in court before the sale of the land. 4. The person sued to Court must have been served with the writ/originating processes that court papers showing that a case over the land has been brought to court. How Does it Affect a Land Buyer. In Nigeria, there is not yet any law that compels parties disputing over title to land to register the fact of the disputes in the land registry as done in some countries. A buyer should go extra mile in his search. He should among others ask seller if there is a pending case about the land and if the answer is in the positive he should collect the court papers and give to a lawyer to study and advise him. A buyer who buys land that is the subject matter of a case in court will lose out if the case ends against the person that sold to him . <Conclusion This is the concluding part of the discussion on the topic and I hope you found it interesting. The discussion is relevant to everyone. The steps are applicable in every part of Nigeria. I chose the topic knowing that, God willing, each and everyone one here will one day buy land. This little guide will be of help then. Thank you for reading my write up.