Legal Question in Real Estate Law in California
can a lis pendens be put on a dominant tenement as well as a servient tenement?
3 Answers from Attorneys
That would be contrary to the notion that the affected land was the dominant tenement. I can't say it would never be proper, but there would have to be some additional, unusual factor giving rise to a claim by the filing party to some ownership, possessory or easement right in what you're calling the dominant tenement. Defendants don't file lites pendentes on the plaintiffs' properties, but cross-complainants can file them against cross-defendants in a proper case.
Yes, if the pending litigation would affect some right, title or interest in the property. So, for example, if the owner of the servient tenement sued or cross-complained to extinquish an easement, it would be appropriate to record a lis pendens on the dominant tenement.
I don't agree with Mr. McCormick that a suit to extinguish an easement would be ground for a lis pendens. Possibly he's right, but I have serious doubts.