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A Notice of Pendency Does Not Convey an Interest in Land

A number of reported decisions have highlighted the proposition that unless the filer already has a superior interest in the subject real estate, the filed N/P provides no protection to the filer against any other claimant to the land who records a document conveying an interest in the real property to that purchaser.

16 minute read July 27, 2011 at 11:35 AM
By
Joel David Sharrow
A Notice of Pendency Does Not Convey an Interest in Land

It is axiomatic that the purpose of filing a notice of pendency (the “N/P”) under C.P.L.R. ' 6501 in an action seeking to affect an interest in real property is to render unnecessary the joining as defendants those whose interests are later obtained from a defendant named in the N/P and those whose interests are recorded subsequent to the filing of the N/P.

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