Practice in Relation to the Cancellation of a Certificate of Lis Pendens (1988)

The registration of a certificate of lis pendens (hereafter CLP) may severely restrict the way in which a person with an interest in the land can deal with it. The CLP has the effect of preserving the status quo during litigation. The owner of property against which a claim is asserted cannot deprive the claimant of the fruits of the litigation by conveying the property to an innocent party.

The serious consequences of a CLP, and the relative ease with which it may be registered against land, make it a matter of concern that the law provide efficient machinery for the removal of a CLP from title in appropriate circumstances. In this regard, this project aims to review and examine the operation of CLP removal provisions in the Land Title Act.

Keywords: lis pendens; cancellation; certificate; title; Torrens; land;
property; real;