The pendency of an action or proceeding in any court, state or federal, in this state affecting the title to, or asserting a mortgage or privilege on, immovable property does not constitute notice to a third person not a party thereto unless a notice of the pendency of the action or proceeding is made, and filed or recorded, as required by Article 3752.
Art. 3751.Notice to Be Recorded to Affect Third Persons
Book VII. Special Proceedings · Title II. Real Actions · Chapter 4. Notice of Pendency of Action · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 3751 provides that a lawsuit affecting title to, or asserting a mortgage or privilege on, immovable property gives no notice to a third person who is not a party to it unless a notice of the action's pendency has been filed and recorded as Article 3752 requires.
Full Text of Art. 3751
Plain-English Summary
A lawsuit over immovable property can drag on for months or years, and during that time the property might change hands, or someone might lend money against it as collateral. Article 3751 answers a basic question that raises: does a buyer or lender who steps in during that period have to worry about the pending lawsuit?
The default answer is no. The mere fact that a court case is pending — even one affecting title to the property, or asserting a mortgage or privilege on it — does not, by itself, put a third person who is not a party to that case on notice of it. Someone acquiring an interest in the property is not automatically bound by whatever the lawsuit eventually decides.
That default flips only if a notice of the action's pendency has been filed and recorded the way Article 3752 requires. Recording that notice is what converts a private lawsuit into something the public record discloses, protecting the plaintiff's claim against later purchasers or lenders who would otherwise be able to claim they never knew about the dispute.
Frequently Asked Questions
Does a pending lawsuit over a property automatically bind someone who buys it while the case is going on?
No, not by itself. Article 3751 says the pendency of an action affecting immovable property does not put a third person on notice unless a notice of pendency has been filed and recorded under Article 3752.
What is a notice of pendency of action?
Also known by the common-law term lis pendens, it is a formal recorded notice that a lawsuit affecting title, a mortgage, or a privilege on specific immovable property is pending, so anyone dealing with that property afterward is bound by the outcome.
Why would someone bother recording a notice of pendency?
To protect a pending claim against later buyers or lenders. Without it, a third party who acquires an interest in the property during the lawsuit may not be bound by the eventual judgment.
Does this apply to lawsuits filed in federal court too?
Yes. Article 3751 covers the pendency of an action in any court, state or federal, so long as the action is pending in Louisiana and affects immovable property located here.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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