§ 28-05-07 — Lis pendens - Effect

In a civil or criminal action in a court affecting the title to real property, the plaintiff, at the
time of filing the complaint or criminal information or indictment or at any time afterwards, or the
defendant, when the defendant sets up in the defendant's answer an affirmative claim for relief
affecting the title to real property and demands substantive relief, at the time of filing the
defendant's answer or at any time afterwards, may file for record with the recorder of each
county in which the real property is situated a notice of the pendency of the action, containing
the names of the parties, the object of the action, and a description of the real property affected.
From the time of filing only shall the pendency of the action be constructive notice to a
purchaser or encumbrancer of the property affected thereby, and every person whose
conveyance or encumbrance is subsequently executed or subsequently recorded is deemed a
subsequent purchaser or encumbrancer with notice and is bound by all proceedings taken after
the filing of such notice to the same extent as if that person were a party to the action. For the
purpose of this section, an action is deemed to be pending from the time of filing such notice,
but the notice in a civil action is of no avail unless it is followed by the first publication of the
summons, or by the personal service thereof on a defendant, within sixty days after such filing.