Lis pendens - appropriate for this?

[CLICKFORLUCK]

california - Man buys land next to (adjacient) mine. Man has son (a contractor) grade land. Son destroys my 660' lot line. Grades on my property up to 25', steals dirt, ruins my landscpe, blocks watercourse.

Is a lis pendens appropriate to place on this adjacient property? Nothing actually "happened" on this property except that it is the owner of this property, which is adjacient to mine, is who damaged me. And if it were not for the property and him grading on it I would have never been damaged.

Attorney only please.What is the name of your state?

 

[john123456]

california - Man buys land next to (adjacient) mine. Man has son (a contractor) grade land. Son destroys my 660' lot line. Grades on my property up to 25', steals dirt, ruins my landscpe, blocks watercourse.

Is a lis pendens appropriate to place on this adjacient property? Nothing actually "happened" on this property except that it is the owner of this property, which is adjacient to mine, is who damaged me. And if it were not for the property and him grading on it I would have never been damaged.

Attorney only please.What is the name of your state?

Google, it's a GOOD thing.

 

[seniorjudge]

california - Man buys land next to (adjacient) mine. Man has son (a contractor) grade land. Son destroys my 660' lot line. Grades on my property up to 25', steals dirt, ruins my landscpe, blocks watercourse.

Is a lis pendens appropriate to place on this adjacient property? Nothing actually "happened" on this property except that it is the owner of this property, which is adjacient to mine, is who damaged me. And if it were not for the property and him grading on it I would have never been damaged.

Attorney only please.What is the name of your state?

Do you even know what a lis pendens is?

Anyway, if you think someone damaged you, sue them in small claims.

 

[CLICKFORLUCK]

What kind of a moronic post was that?

Yeah I know what one is...

Lis pendens is a public notice of litigation which has been recorded in the same location where the title of real property has been recorded. This notice secures a plaintiff's claim on the property so that the sale, mortgage, or encumbrance of the property will not diminish plaintiff's rights to the property, should plaintiff prevail in its case. In some jurisdictions, when it is properly recorded, Lis pendens is considered constructive notice to the other litigants or other unrecorded or subordinate lienholders.

The damage to me is more than $200,000... a little high for small claims you brainiac..

I am going to sue the man... but I don't know if a can place notice of a pending lawsuit on the land "lis pendens".

Thanks for such a STUPID reply - you could not posssibly be an attorney.

 

[justalayman]

You are very testy.

Why would you have the right to file a lis pendens against his property? While the owner may have damaged you (which appears to be an incorrect statement in itself), it has nothing actually to do with his property.

You would have as much right to file a lis pendens against his residence, which is none until you actually have won your suit and are attatching property in process of recovering the damages.

Actually your claim is against the contractor (the son) (unless he had specific instruction to perform the damaging acts) not the land owner. Go file a lis pendens on the sons properties.

Actually you need to file a claim with his liability insurance carrier.

 

[CLICKFORLUCK]

Appreciate that

Sorry but if I did have a grasp on esactly what a LP is and how it is used I would not have had a need to ask the question. I thought that was obvious.

We don't know the actual "relationship" because it is kind of convoluted. The father is a contractor and purchased the land. The son is also a contractor and the father had the son obtain grading permit. The son hires a civil engineer who creates a grading plan - never visiting the property or staking the property.

I am not certain who "actually" graded the property whether it was a hire of the son, or the son's company which is a concrete contractor. I don't know if the son and the father have an actual contract or they do not.

I hired an attorny yesterday and we are just suing everyone: the father, the wife, the father's company, the son, the son's company, the civil engineer, the civil engineer's company and john doe 1-50. Simple.

Now I understand lis pendence better. An attorney for a BIG law firm told me they would file an LP my new attorney tells me it is not for that. I was confused.

The "man" who owns the land damaged me, whether it was through a subcontractor or not I have been damaged by the land owner. That is why I thought I could file a lis pendence.