Litis denuntiatio is a legal term that refers to a process in civil law. It occurs when a buyer of land informs the seller about a lawsuit regarding the property. The buyer seeks the seller's assistance in defending against a claim made by a third party, relying on the seller's warranty of title, which guarantees that the seller has the right to sell the property.
This term is primarily used in civil law contexts, particularly in real estate transactions. It is relevant when a buyer faces legal action from a third party claiming rights over the purchased land. The buyer can invoke litis denuntiatio to ensure the seller helps in defending the claim, based on the seller's obligation to provide clear title. Users can manage related legal documents through resources like US Legal Forms, which offer templates for such situations.
Here are a couple of examples of abatement:
Example 1: A buyer purchases a piece of land, but shortly after the purchase, a neighbor claims that the land was part of their property. The buyer invokes litis denuntiatio to ask the seller for help in defending against this claim.
Example 2: A buyer discovers that a third party is suing them over a right of way on the purchased property. The buyer notifies the seller and requests their assistance in the legal defense (hypothetical example).
Examples of state differences (not exhaustive):
| State | Key Differences |
|---|---|
| California | Requires specific notice procedures to be followed by the buyer. |
| Texas | Allows for a broader interpretation of seller obligations in warranty of title. |
| New York | Includes additional protections for buyers in case of title disputes. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Litis Denuntiatio | Process of notifying a seller about a lawsuit regarding property. | Focuses on the seller's obligation to assist in defense. |
| Warranty of Title | Guarantee by the seller that they have the right to sell the property. | Does not involve third-party claims directly. |
| Quiet Title Action | A lawsuit to establish ownership of property and eliminate claims. | Proactive legal action rather than a defensive notification process. |
If you find yourself in a situation where you need to invoke litis denuntiatio, follow these steps:
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Notify the seller immediately and seek their assistance as per the warranty of title.