· Lis Pendens (Pending Litigation)
o The term lis pendens comes from the Latin words for pending litigation. This lien is a notice to the world that a lawsuit has been filed against the owner of a specific property. The notice is filed in the office of the county or local official responsible for keeping records of pending litigation. It is a warning to any prospective purchaser of the property of the defendant in the suit.
o Though similar to a lis pendens, a writ of attachment is stronger. It is an actual court order preventing any transfer of the attached property during the litigation. Violation of the order can result in a contempt-of-court citation.
· Covenant is a written agreement or promise. Restrictions placed on a private owner's use of land by a non-governmental entity or individuals are restrictive covenants
o Because these are private restrictions, they are enforced not by local zoning officials and building departments. They are enforced by some agent of the subdivision or owner/developer. If a landowner subject to a restrictive covenant violates the covenant, any other landowner in the subdivision can bring an action to end the violation. An injunction, a cease-and-desist order, or restraining order can be sought from a local court to enforce the restrictive covenant.