Is an interest in land in issue?

Another way to look at the question of whether or not an interest in land is in issue is to ask whether or not a lis pendens could be issued. Clearly, none could here. This is not a complete test, of course, because there could be cases where an interest in land was clearly in issue but no lis pendens is filed. An example would be a case of a landowner bringing action to remove an encumbrance from a property to which he already held title. However, reference to the sorts of cases where a lis pendens is normally filed gives a better sense of what the phrase “interest in land comes in question” really encompasses. See for example: Tkalych v. Tkalych 2001 SKQB 208.