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Advanced Property Litigation and Remedies

13 minPRO
4/6

Key Takeaways

  • Lis pendens provides constructive notice of pending litigation and effectively prevents property transfer until resolved.
  • Partition actions allow any co-owner to force the division or sale of co-owned property.
  • The UPHPA provides protections for heirs' property owners facing partition, including right of first refusal.
  • Specific performance is the preferred remedy in real estate disputes because each property is unique.
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Test Your Knowledge

1.What is a lis pendens?

2.What is a partition action?

3.Which equitable remedy requires a party to fulfill their contractual obligations?