Notice of Pendency in Partition Actions
Long Island Partitions & Notice of Pendency
The Notice of Pendency in Partition Actions
A notice of pendency is part of the overall partition action, but its importance is large enough that it special consideration must be given to it. If you are committed to bringing a partition, the additional step in securing a notice of pendency is well worth it to protect your interests. The cost is minimal compared to the cost of litigation, and it prevents the defendant from simply selling their interest in the property to shut down the partition.
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What you need to know about Notice of Pendency in Partition Actions
What is a Notice of Pendency?
A notice of pendency, also known as a lis pendens, is a public notice of a pending case in which the rights to the property is in dispute. They are authorized by CPLR 6511.
How does a notice of pendency protect the plaintiff in a partition?
A notice of pendency protects the plaintiff in the prosecution of a partition by operation of law. If someone else buys the property after a notice of pendency is filed, the new owner also buys the outcome of the partition case, and is bound by that outcome.
How long does a notice of pendency last in a partition action?
A notice of pendency lasts three years. It can be extended by the court by a motion.
Why is a notice of pendency important in a partition action?
An unscrupulous defendant in a partition might try to sell their share of the property to an innocent third party. With a notice of pendency in place, any buyer will know about the partition case. If they choose to buy the property anyway, they now have to accept the outcome of the partition.
Contact Our Partition Attorney Today
At the Law Office of J. Douglas Barics, we have the skills and knowledge to handle any partition, no matter how challenging or complex. With over 20 years of experience in partition actions, we can bring to you the services of a large firm at a fraction of the cost. When you need a skilled partition lawyer located in Suffolk County, call The Law Office of J. Douglas Barics.
For a free phone case consultation or to schedule an office meeting, call 631-864-2600.