§ 405.4.Real Property Claim

This definition decides whether a lis pendens belongs on a piece of property at all. A claim only qualifies as a “real property claim” if a win on the merits would affect title to, or the right to possess, specific real property, or would affect the use of an easement named in the pleading. Money damages, standing alone, do not qualify -- the claim has to reach into the property itself.

Common examples that fit the definition include quiet title actions, claims to enforce a right of first refusal or an option to purchase, actions for specific performance of a contract to convey real estate, and disputes over the scope of a recorded easement. Claims that do not fit include a straight breach-of-contract action seeking money, a personal injury claim arising on the property, or a business dispute that happens to touch a piece of real estate without seeking to change title or possession.

The carve-out for easements obtained by a regulated public utility under statute keeps utility easements -- created by statutory authority rather than by the parties' own dealings -- out of the lis pendens system entirely, even where a dispute over the easement's use would otherwise fit the general definition.

Because this is the gatekeeping definition, it is the first thing a court checks on a motion to expunge under § 405.31: if the pleading does not contain a real property claim as defined here, the notice comes off regardless of how strong the underlying case might be, and the court cannot require an undertaking as the price of removing it.