Notice of lis pendens; when allowed

EMMANUEL CONCEPCION, ET AL

"x x x.


The filing of a notice of lis pendens has a dual effect: (1) to keep the property subject matter of the litigation within the power of the court until the entry of the final judgment in order to prevent the defeat of the final judgment by successive alienations; and (2) to bind a purchaser, bona fide or otherwise, of the property subject of the litigation to the judgment that the court will subsequently promulgate.25

Relative thereto, a notice of lis pendens is proper in the following actions and their concomitant proceedings:

“(a) an action to recover possession of real estate;
(b) an action to quiet title thereto;
(c) an action to remove clouds thereon;
(d) an action for partition; and
(e) any other proceedings of any kind in Court directly affecting the title to the land or the use or occupation thereof or the buildings thereon.”26

Thus, a notice of lis pendens is only valid and effective when it affects title over or right of possession of a real property.

x x x."