A. No lis pendens or attachment shall bind or affect a subsequent bona fide purchaser of real or personal estate for valuable consideration and without actual notice of such lis pendens or attachment, until and except from the time a memorandum setting forth the title of the cause or attachment, the general object thereof, the court wherein it is pending, the amount of the claim asserted by the plaintiff, a description of the property, the name of the person whose estate is intended to be affected thereby, and in an action to enforce a zoning ordinance a description of the alleged violation, shall be admitted to record in the clerk's office of the circuit court of the county or the city wherein the property is located; or if it be in that part of the City of Richmond lying north of the south bank of the James River and including the islands in such river, in the clerk's office of the Circuit Court, Division I, of such city, or if it be in the part of the City of Richmond lying south of the south bank of the James River, in the clerk's office of the Circuit Court, Division II, of such city. Clerks of circuit courts are authorized and directed to admit to record memoranda of lis pendens or attachment for actions pending in any court of this Commonwealth, or in any other state, federal, or territorial court. The provisions of this section shall not be construed to mean that any such memoranda heretofore recorded are not properly of record. Such memorandum shall not be deemed to have been recorded unless and until indexed as required by law. A memorandum of lis pendens admitted to record in an action to enforce a zoning ordinance shall expire after 180 days.
§ 8.01-268.When and how docketed and indexed.
Chapter 6. Notice of Lis Pendens or Attachment · Last amended 2025 · Last verified July 16, 2026
In one sentenceSection 8.01-268 requires a memorandum of lis pendens or attachment to be recorded and indexed in the proper circuit court clerk’s office before it binds a subsequent bona fide purchaser without notice, specifies what the memorandum must contain, limits when lis pendens memoranda may be filed, and caps a zoning-enforcement lis pendens at 180 days.
Full Text of § 8.01-268
B. No memorandum of lis pendens shall be filed unless the action on which the lis pendens is based seeks (i) to establish an interest by the filing party in the real property described in the memorandum, (ii) to sell the real property to enforce a lien for delinquent taxes pursuant to the provisions of Article 4 (§ 58.1-3965 et seq.) of Chapter 39 of Title 58.1 or a docketed judgment lien, (iii) the partition of real property pursuant to Article 9 (§ 8.01-81 et seq.) of Chapter 3 of Title 8.01, or (iv) to enforce a zoning ordinance.
Plain-English Summary
A lis pendens tells the world that a piece of property is caught up in litigation, but Section 8.01-268 says that warning only works once it is properly recorded. No lis pendens or attachment binds or affects a later bona fide purchaser for value who lacks actual notice of it, until a memorandum is admitted to record in the clerk’s office of the circuit court where the property sits, and indexed, since an unindexed memorandum is not treated as recorded at all. The memorandum has to identify the case or attachment, its general object, the court where it is pending, the amount claimed, a description of the property, the name of the person whose estate is affected, and, for a zoning-enforcement action, a description of the alleged violation. A zoning-enforcement lis pendens expires after 180 days.
Subsection B narrows who can file a lis pendens memorandum in the first place. It is limited to actions that seek to establish the filing party’s interest in the described real property, to sell real property to enforce a delinquent-tax lien under Article 4 of Chapter 39 of Title 58.1 or a docketed judgment lien, to partition real property under Article 9 of Chapter 3 of Title 8.01, or to enforce a zoning ordinance. That limitation keeps lis pendens from being used to cloud a property’s title in litigation that has nothing to do with an interest in the property itself.
Frequently Asked Questions
When does a lis pendens protect against a later purchaser of the property?
Only once a memorandum meeting the statutory requirements has been admitted to record, and indexed, in the clerk’s office of the circuit court of the county or city where the property is located.
What must a lis pendens memorandum include?
The title of the cause or attachment, its general object, the court where it is pending, the amount of the claim, a description of the property, the name of the person whose estate is affected, and, for zoning-enforcement actions, a description of the alleged violation.
Can a lis pendens be filed for any type of lawsuit involving real property?
No. Subsection B limits filing to actions seeking to establish an interest in the described property, to enforce a delinquent tax lien or judgment lien by sale, to partition real property, or to enforce a zoning ordinance.
How long does a lis pendens filed to enforce a zoning ordinance last?
It expires after 180 days.
Is an unindexed lis pendens memorandum considered recorded?
No. The section states such a memorandum is not deemed recorded unless and until it is indexed as required by law.
Amendment History
Code 1950, § 8-142; 1973, c. 544; 1976, c. 178; 1977, c. 617; 1988, c. 503; 2008, cc. 60, 204; 2025, c. 267.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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