REAL ESTATE; LITIGATION;

LITIGATION;

Connecticut laws/regulations;

OLR Research Report


June 24, 2003

 

2003-R-0484

DISCHARGE OF LIS PENDENS NOTICE

By: George Coppolo, Chief Attorney

You asked us to review the lis pendens law to see if it has procedures for discharging a lis pendens notice.

SUMMARY

APPLICATION OR MOTION FOR PROBABLE CAUSE HEARING FOR DISCHARGE OF LIS PENDENS NOTICE

HEARING TO DISCHARGE LIS PENDENS NOTICE

APPLICATION TO STAY DECISION OF COURT PENDING APPEAL

Either party may appeal the court’s decision within seven days of the date it is handed down. The party taking such an appeal may within the seven-day period, file an application with the court which rendered the decision requesting a stay of the decision’s effect pending the appeal. The application must state the reasons for the request and a copy must be sent to the adverse party. A hearing on the application must be held promptly (CGS 52-325c).

MOTION TO DISCHARGE LIS PENDENS NOTICE BY ANY INTERESTED PARTY

RECORDING OF DISCHARGE OF LIS PENDENS OR STAY

EFFECT OF RECORDING ORDER OF DISCHARGE

When a certified copy of an order discharging a lis pendens notice has been recorded, the lis pendens no longer constitutes constructive notice of the litigation to any third party who acquires an interest in the property that is subject to the litigation (CGS 52-325c(e)).

DURATION OF NOTICE OF LIS PENDENS

No list pendens notice can be valid as constructive notice for more than 15 years unless it is re-recorded within 10 years after it was first recorded and the recording party serves a copy of the notice on the record owner within 30 days after it is re-recorded. If a lis pendens notice is re-recorded it is only valid for 10 years from the re-recording date. (CGS 52-325e)

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