PENDING LITIGATION AGAINST REGISTERED LAND

Abstract

In provinces with the Torrens system of land title registration a litigant can give notice of litigation pending against land by entering a certificate of lis pendens or caution in the register of land titles. This has the effect of preserving the litigant's rights, such as they may be, until his claim is determined by the court. Failure to enter a certificate or caution contemporaneously with the commencement of litigation may result in defeat of the litigant's claim before judgment or decree, should a third person deal with the land when there is no notification in the register.