Is a lis pendens without a lawsuit?
Newfoundland and Labrador, Canada
The following excerpt is from Paro Enterprises v Murphy, 2015 NLCA 33 (CanLII):
At common law, a lis pendens without a lawsuit was a contradiction in terms. The rule was that anyone who bought a disputed property in mid-suit was bound by the results of the litigation: see for example Worsley v. The Earl of Scarborough (1746), 3 Atk. 392, 26 E.R. 1025. The lis pendens was a consequence of the lawsuit and could have no separate existence.
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