# DIY Lis Pendens?



## dereko1969 (20 Dec 2006)

This question is probably for Vanilla or MF1, just wondering if a lay person can register a lis pendens or do I have to get my solicitor to do it? I think it's probably the latter, would anyone have any idea of the likely cost? Presumably, if I am required to have my solicitor register it, there would then be the follow-up cost of having it removed also? Any help appreciated.


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## ClubMan (20 Dec 2006)

I am not a lawyer but is [broken link removed] any use?


> _Lis Pendens_ *128. *	(1) An application for the registration of a _lis pendens_ as a burden shall be made in Form 77. It shall be signed by the applicant or his solicitor and shall have subscribed thereto a certificate of the existence of the cause or proceeding signed by the proper officer of the court in which it is pending.
> (2) The entry of a _lis pendens_ in the register shall be in Form 78, with such variation thereof as the Registrar may, in special circumstances, direct.
> (3) An application for the discharge of a _lis pendens_ shall be made by lodging in the Registry a certificate signed by the proper officer of the court in which the _lis pendens_ may be that it has been duly vacated pursuant to order of the court, or by lodging an order of the court directing its cancellation on the register, or by lodging a transfer of the property made in pursuance of an order for sale by the court in which the _lis pendens_ may be, or by lodging a consent by all persons appearing to be interested in the cause or proceedings to the cancellation of the _lis pendens_ in the register.


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## mf1 (20 Dec 2006)

Careful now. You can't just go around d.i.y.ing Lis Pendens - a Lis Pendens is only relevant and should only be lodged where there is actually litigation pending ( Lis Pendens) affecting title to land. Not everyone grasps that. 

Like most things there are ( potentially serious) consequences for registering a Lis Pendens inappropriately. 

How much does it cost? No idea - how big is the problem? 

mf


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## dereko1969 (20 Dec 2006)

it's to ensure my former partner doesn't sell/transfer the land (which is in her name only) on which we had nearly finished building our house (mortgage in both names). hoping not to end up in court, don't want to escalate matters but also don't want to see land transferred out before we've settled buy-out of house. thanks for the prompt replies.


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