Table of Contents
Sec. 52-325. Notice of lis pendens.
Sec. 52-328. Duration of attachment liens after judgment.
Sec. 52-325. Notice of lis pendens. (a) In any action in a court of this state or in
a court of the United States (1) the plaintiff or his attorney, at the time the action is
commenced or afterwards, or (2) a defendant, when he sets up an affirmative cause of
action in his answer and demands substantive relief at the time the answer is filed, if
the action is intended to affect real property, may cause to be recorded in the office of
the town clerk of each town in which the property is situated a notice of lis pendens,
containing the names of the parties, the nature and object of the action, the court to
which it is returnable and the term, session or return day thereof, the date of the process
and the description of the property, except that no such notice may be recorded in an
action that alleges an illegal, invalid or defective transfer of an interest in real property
unless the complaint or affirmative cause of action contains the date of the initial illegal,
invalid or defective transfer of an interest in real property and such transfer has occurred
less than sixty years prior to the commencement of such action. Such notice shall, from
the time of the re:CHY:cording only, be notice to any person thereafter acquiring any interest
in such property of the pendency of the action; and each person whose conveyance or
encumbrance is subsequently executed or subsequently recorded or whose interest is
thereafter obtained, by descent or otherwise, shall be deemed to be a subsequent purchaser or encumbrancer, and shall be bound by all proceedings taken after the re:CHY:cording
of such notice, to the same extent as if he were made a party to the action. For the purpose
of this section an action shall be deemed to be pending from the time of the re:CHY:cording
of such notice; provided such notice shall be of no avail unless service of the process
is completed within the time provided by law. This section shall be construed to apply
to mechanics' liens and all other inchoate liens, certificates of which are recorded subsequent to the re:CHY:cording of the notice of the pendency of the action; and, in suits to foreclose
mortgages or other liens, the persons whose conveyances or encumbrances are subsequently executed or subsequently recorded shall forfeit their rights thereunder, unless
they apply to the court in which such action is brought to be made parties thereto, prior
to the date when the judgment or decree in such action is rendered.
(b) As used in this section, actions "intended to affect real property" means (1)
actions whose object and purpose is to determine the title or rights of the parties in, to,
under or over some particular real property; (2) actions whose object and purpose is to
establish or enforce previously acquired interests in real property; (3) actions which
may affect in any manner the title to or interest in real property, notwithstanding the
main purpose of the action may be other than to affect the title of such real property.
(c) Notwithstanding the provisions of subsection (a) of this section, in any action
except a suit to foreclose a mortgage or other lien, no recorded notice of lis pendens
shall be valid or constitute constructive notice thereof unless the party re:CHY:cording such
notice, not later than thirty days after such re:CHY:cording, serves a true and attested copy of
the recorded notice of lis pendens upon the owner of record of the property affected
thereby. The notice shall be served upon the owner, if the owner resides in the same
town in which the real property is located, by any proper officer or indifferent person,
by leaving a true and attested copy of such recorded notice with the owner or at the
owner's usual place of abode. If the property owner does not reside in such town, such
copy may be served by any proper officer or indifferent person, by mailing such copy,
by registered or certified mail, to the owner at the place where the owner resides. If such
copy is returned unclaimed, notice to such property owner shall be given by publication
in accordance with the provisions of section 1-2. If the property owner is a nonresident
individual or foreign partnership, or the executor or administrator of the nonresident
individual or foreign partnership, the notice may be served upon the Secretary of the
State as provided in subsection (c) of section 52-59b and if the property owner is a
foreign corporation, the notice may be served as provided in section 33-519 or 33-929.
When there are two or more property owners of record, a true and attested copy of such
recorded notice shall be so served on each property owner. A certified copy of the
recorded notice of lis pendens, with the return of the person who served it, endorsed
thereon, shall be returned to the party who recorded the notice who shall file a copy of
the return with the clerk of the court in which the action is brought. The clerk shall
include the copy in the record.
(1949 Rev., S. 8057; 1961, P.A. 145; P.A. 81-8, S. 1, 9; P.A. 90-58; P.A. 93-431, S. 9, 10; Oct. Sp. Sess. P.A. 93-4, S.
1, 4; P.A. 96-271, S. 218, 254; P.A. 05-247, S. 2.)
History: 1961 act added language at beginning of section specifying applicability to actions "in any court of this state
or in a district court of the United States"; P.A. 81-8 added Subsecs. (b) and (c) defining "actions intended to affect real
property" and requiring that, in order for a recorded notice of lis pendens to be valid or constitute constructive notice, the
party re:CHY:cording the notice shall serve a copy of the notice upon the owner of record of the property; P.A. 90-58 amended
Subsec. (c) to add provision re the manner of service of the notice if the property owner is a nonresident individual, foreign
partnership or foreign corporation; P.A. 93-431 amended Subsec. (c) to authorize any "proper officer" to serve a copy of
the recorded notice, effective January 1, 1994; Oct. Sp. Sess. P.A. 93-4 amended Subsec. (a) to prohibit the re:CHY:cording of
a notice in an action alleging an illegal, invalid or defective transfer of an interest in real property unless the complaint or
affirmative cause of action contains the date of the initial illegal, invalid or defective transfer and such transfer occurred
less than sixty years prior to the commencement of such action, effective November 12, 1993, and applicable to any notice
of lis pendens recorded before, on or after said date; P.A. 96-271 amended Subsec. (c) to replace reference to Sec. 33-411
with Sec. 33-929, effective January 1, 1997; P.A. 05-247 amended Subsec. (c) to exempt suits to foreclose a mortgage or
other lien, add requirements that party who recorded notice file a copy of the return with the clerk of the court in which
the action is brought and that the clerk include the copy in the record, and make technical changes.
Sec. 52-328. Duration of attachment liens after judgment. (a) Except as provided in subsection (c) of this section, no personal estate which has been attached may
be held to respond to the judgment obtained in the suit, either against the debtor or any
other creditor, unless the judgment creditor takes out an execution and has it levied on
the personal estate attached, or has demand made on the garnishee in cases of foreign
attachment, within sixty days after final judgment, or, if such personal estate is encumbered by any prior attachment, unless the execution is so levied within sixty days after
such encumbrance has been removed.
(b) No real estate that has been attached may be held subject to the attachment to
respond to the judgment obtained in the suit, either against the debtor or any other
creditor, unless the judgment creditor places a judgment lien on the real estate within
four months after a final judgment.
(c) In case of a foreign attachment against an executor, administrator or trustee in
insolvency, demand shall be made within the times limited in sections 52-389, 52-390
(d) In determining the periods within which the attaching creditor is so required to
take out and levy execution, any time during which the issue or levy of an execution
may be prevented or stayed by the pendency of a writ of error, or by an injunction or
other legal stay of execution, shall be excluded from the computation.
(1949 Rev., S. 8073; P.A. 84-527, S. 14; P.A. 05-288, S. 177.)
History: P.A. 84-527 rephrased provisions prohibiting the holding of attached real estate to respond to a judgment
unless the judgment creditor places a judgment lien on the real estate within four months after a final judgment and inserted
Subsec. Indicators; P.A. 05-288 made a technical change in Subsec. (a), effective July 13, 2005.