State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-116

Article 11.

Lis Pendens.

§ 1‑116.  Filing ofnotice of suit.

(a)        Any person desiringthe benefit of constructive notice of pending litigation must file a separate,independent notice thereof, which notice shall be cross‑indexed inaccordance with G.S. 1‑117, in all of the following cases:

(1)        Actions affectingtitle to real property.

(2)        Actions to forecloseany mortgage or deed of trust or to enforce any lien on real property.

(3)        Actions in which anyorder of attachment is issued and real property is attached.

(4)        Actions seekinginjunctive relief under G.S. 113A‑64.1 or G.S. 113A‑65 regardingsedimentation and erosion control for any land‑disturbing activity thatis subject to the requirements of Article 4 of Chapter 113A of the GeneralStatutes.

(b)        Notice of pendinglitigation shall contain:

(1)        The name of thecourt in which the action has been commenced or is pending;

(2)        The names of theparties to the action;

(3)        The nature andpurpose of the action; and

(4)        A description of theproperty to be affected thereby.

(c)        Notice of pendinglitigation may be filed:

(1)        At or any time afterthe commencement of an action pursuant to Rule 3 of the Rules of CivilProcedure; or

(2)        At or any time afterreal property has been attached; or

(3)        At or any time afterthe filing of an answer or other pleading in which the pleading party states anaffirmative claim for relief falling within the provisions of subsection (a) ofthis section.

(d)        Notice of pendinglitigation must be filed with the clerk of the superior court of each county inwhich any part of the real estate is located, not excepting the county in whichthe action is pending, in order to be effective against bona fide purchasers orlien creditors with respect to the real property located in such county.  (C.C.P., s. 90; Code, s.229; Rev., s. 460; 1917, c. 106; C.S., s. 500; 1949, c. 260; 1959, c. 1163, s.1; 1967, c. 954, s. 3; 2009‑269, s. 1.)