Monday, February 21, 2011

Owner must be impleaded in the complaint

" On the objection that the registered owner of the land sought to be affected by the notice of lis pendens is not impleaded in the pending case, the same finds support not only in the LRC Circular No. 252 dated July 8, 1974 , which provides  that this lis pendens is not registrable in the event that the owner is not impleaded in the action for the simple reason that the property sought to be affected does not belong to the defendant in the civil case mentioned. This is in accordance with the long line of consultas decided by this Commission, where it has been held that a notice of lis pendens which seeks to affect property not belonging to either party to lititgation cannot be registered." (LRA Consulta No. 2653 dated March 20, 2000)

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