Lis Pendens & Part-Performance — KSLU Property Law Notes

Lis Pendens & Part-Performance

The doctrine of lis pendens (s.52) provides that during the pendency of a suit in which a right to immovable property is directly and specifically in question, the property cannot be transferred so as to affect the rights of any party under the eventual decree — the transferee takes subject to the decree (Bellamy v. Sabine). It binds the transferee regardless of good faith or notice, because it rests on necessity (otherwise no litigation could ever be brought to a conclusion). The doctrine of part-performance (s.53A) is a shield, not a sword: where a transferee has, under a written contract for transfer of immovable property, taken possession (or continued in possession) and done some act in furtherance of the contract, and is willing to perform his part, the transferor is estopped from enforcing any right against him inconsistent with the contract — even though the transfer was not completed by a registered deed (after the 2001 amendment, the contract must be registered to attract s.53A).