CHAPTER 55. ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALE.
ARTICLE 11. LIS PENDENS.
§55-11-1. Lis pendens record.
There shall be kept in the office of the clerk of the county
court of each county of this state a book to be called the "lis
pendens record," which shall be a public record.
§55-11-2. Notice of lis pendens; recordation and indexing thereof.
Whenever any person shall commence a suit, action, attachment,
or other proceeding, whether at law or in equity, to enforce any
lien upon, right to, or interest in designated real estate, the
pendency of such suit, action, attachment or other proceeding shall
not operate as constructive notice thereof to any pendente lite
purchaser or encumbrancer of such real estate for a valuable
consideration and without notice, until such person shall file for
recordation with the clerk of the county court of each county where
the real estate sought to be affected is situated, a memorandum or
notice of the pendency of such suit, action, attachment or other
proceeding, stating the title of the cause, the court in which it
is pending, the names of all the parties to such proceeding, a
description of the real estate to be affected, the nature of the
lien, right or interest sought to be enforced against the same, and
name of the person whose estate therein is intended to be affected:
That where the lien, right or interest asserted
is based upon a judgment, decree, claim, contract or other
instrument which has been docketed or recorded according to law in
the office of the clerk of the county court of the county wherein
the real estate is situated, and has thus become a matter of public
record, the failure to file the notice herein mentioned shall not
operate to defeat the enforcement of such lien, right or interest
in the real estate as against such pendente lite purchaser or
The clerk of every such county court shall, without delay,
record such memorandum or notice in the "lis pendens record," note upon the record the day and hour when such notice was filed for
recordation, and index the same in the names of the parties.
§55-11-3. Limitations on notice of lis pendens.
Constructive notice of the pendency of a suit, action,
attachment or other proceeding, arising from the filing for
recordation of a notice or memorandum in accordance with the
provisions of section two of this article, shall continue to
operate as constructive notice thereof to any pendente lite
purchaser or encumbrancer of the real estate affected, for a period
of ten years next after the date when such notice was filed for
recordation. Where constructive notice arises as aforesaid, that
notice may be renewed or extended for additional ten year periods
by the filing for recordation, as provided in section two of this
article, a similar memorandum or notice of lis pendens within ten
years from the date of recordation of the last such memorandum or
Note: WV Code updated with legislation passed through the 2016 Regular Session
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