Selling Texas Land With a Lis Pendens on It: What It Means

Short answer: A lis pendens is a recorded notice that a lawsuit involving the land is pending. Under Texas Property Code Section 12.007, a party seeking relief in a suit involving title to real property, an interest in it, or enforcement of an encumbrance against it may record one, and must serve a copy on each party with an interest in the land within three days. Section 13.004 says a recorded lis pendens is notice to the world of its contents, so a buyer takes the land subject to the outcome of the suit, and title companies will treat it as a problem to resolve before closing. It goes away when the suit ends or the filer releases it, or a court expunges it: Section 12.0071 requires expunction if the pleading has no real property claim, the claimant cannot show the claim's probable validity, or the notice was not served. Once a certified copy of the expunction order is recorded, the notice no longer binds a later buyer or lender.

A lis pendens is a short document, but it can stop a land sale cold. It is a notice, recorded in the county property records, that a lawsuit involving the land is pending. When a buyer's title company finds one, it wants to know how the lawsuit ends before it will insure the sale. This guide explains what a lis pendens is under Texas law, why it matters to buyers, and the ways one is released or removed.

This article is general information. It is not legal advice. A lis pendens is tied to a lawsuit; talk to a Texas attorney about yours.

What a lis pendens is

Texas Property Code Section 12.007 lets a party seeking affirmative relief in a lawsuit record a lis pendens while the suit is pending, when the action involves:

• title to real property;
• the establishment of an interest in real property; or
• the enforcement of an encumbrance against real property.

The notice must be signed by the party or its agent or attorney and must state the case style and number, the court, the parties, the kind of proceeding, and a description of the property. The filer must serve a copy on each party to the action who has an interest in the land within three days after the notice is filed for record. Common examples include disputes between co-owners or heirs, divorce cases over property, and claims under a contract to buy the land. Our guide on when siblings disagree over inherited land covers one of those situations.

Why buyers and title companies stop at it

Section 13.004 says a recorded lis pendens is notice to the world of its contents, effective when it is filed and indexed, even if no party has been served. Anyone who buys the land after that is treated as knowing about the lawsuit, and takes the land subject to its outcome. That is why a title company lists a lis pendens on the title commitment and treats it as something to clear before closing. Our guide on what a title search finds explains how recorded documents show up, and our guide on reading a title commitment shows where.

How a lis pendens goes away

1. The lawsuit ends. When the case is resolved, the parties can record a release or the court's order, and the title company can work from that.
2. The filer releases it. If the dispute is settled, the party who recorded it can record a release.
3. A court expunges it. Under Section 12.0071, a party to the action can apply to the court to expunge the notice. The court must order expunction if it finds the pleading does not contain a real property claim, the claimant fails to show the probable validity of the real property claim by a preponderance of the evidence, or the person who recorded the notice did not serve a copy on each party entitled to one. Notice of the motion must be served at least 20 days before the hearing.

Once a certified copy of an expunction order is recorded, Section 12.0071 says the notice no longer gives notice of the matters in it, creates no duty of inquiry, and cannot be enforced against a purchaser or lender for value, even one who knew about the lawsuit. The land can then be sold free of the matters in the notice.

If you want to sell

1. Pull a copy of the recorded lis pendens and read what the lawsuit claims.
2. Ask your attorney which route fits: resolve the case, settle and get a release, or move to expunge.
3. Talk to a title company early about what it will need to insure a sale.
4. Tell any buyer about it up front; it is already in the public record.
5. Once it is released or expunged, keep certified copies of the release or court order with your deed, so the next buyer's title company can see the whole history without another search.

If the lis pendens grew out of a divorce, see our guide on selling land during a divorce. If you want a number for land with a title problem, you can ask us for a written cash offer; tell us what the record shows and we will look at it with you.

Common questions

What is a lis pendens in Texas?

A recorded notice that a lawsuit involving real property is pending. Texas Property Code Section 12.007 lets a party seeking affirmative relief in a suit involving title to real property, the establishment of an interest in it, or the enforcement of an encumbrance against it record a lis pendens in the county records.

Can I sell land that has a lis pendens on it?

A recorded lis pendens is notice to the world of its contents under Property Code Section 13.004, so any buyer takes the land subject to the outcome of the lawsuit. In practice title companies want it resolved, released or expunged before they will insure a sale, so plan to deal with it first.

How do I get a lis pendens removed in Texas?

It ends when the lawsuit is resolved and a release is recorded, when the filer releases it, or when a court expunges it. Under Section 12.0071, a party can move to expunge, and the court must order expunction if the pleading has no real property claim, the claimant cannot show the probable validity of the claim, or the notice was not properly served.

Does the person who filed a lis pendens have to tell me?

Yes. Section 12.007 says the party who files it must serve a copy on each party to the action who has an interest in the real property within three days after it is filed for record.

What happens after a lis pendens is expunged?

Under Section 12.0071, once a certified copy of the expunction order is recorded, the notice does not give notice of the matters in it and creates no duty of inquiry, and it cannot be enforced against a buyer or lender for value, even one who knew about the lawsuit.

Sources

• Texas Property Code Section 12.007 (lis pendens)
• Texas Property Code Section 12.0071 (motion to expunge lis pendens)
• Texas Property Code Section 13.004 (effect of recorded lis pendens)

Each source was opened and read on October 23, 2026. Rules and rates change: check the source for the current version.

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