Usa Nevada

USA Statutes : nevada
 When several persons hold and are in possession of real
property as joint tenants or as tenants in common, in which one or more
of them have an estate of inheritance, or for life or lives, or for
years, an action may be brought by one or more of such persons for a
partial partition thereof according to the respective rights of the
persons interested therein, and for a sale of such property or a part of
it, if a partition cannot be made without great prejudice to the owners
or if the owners consent to a sale. Whenever from any cause it is, in the
opinion of the court, impracticable or highly inconvenient to make a
complete partition, in the first instance, among all the parties in
interest, the court may first ascertain and determine the shares or
interest respectively held by the original cotenants, and thereupon cause
a partition to be made, as if the original cotenants were the only
parties to the action and thereafter may proceed to adjudge and make
partition separately of each share or portion so ascertained and allotted
as between those claiming under the original tenant to whom the property
has been set apart, or may allow them to remain tenants in common
thereof, as they may desire.

      [1911 CPA § 585; RL § 5527; NCL § 9074]—(NRS A 1985, 771)
 The interests of all persons in the property, whether such
persons be known or unknown, shall be set forth in the complaint
specifically and particularly, as far as known to the plaintiff; and if
one or more of the parties, or the share or quantity of interest of any
of the parties, be unknown to the plaintiff, or be uncertain or
contingent, or the ownership of the inheritance depend upon an executory
devise, or the remainder be a contingent remainder, so that such parties
cannot be named, that fact shall be set forth in the complaint.

      [1911 CPA § 586; RL § 5528; NCL § 9075]

 Persons who have or claim any liens upon the property by mortgage,
judgment or otherwise, need be made parties to the action, unless such
liens be matters of record.

      [1911 CPA § 587; RL § 5529; NCL § 9076]
 Immediately after filing the
complaint, the plaintiff shall record with the recorder of the county in
which the property is situated, a notice of the pendency of the action,
containing the names of the parties so far as known, the object of the
action and a description of the property to be affected thereby. From the
time of the recording of the notice, except as otherwise provided in NRS
14.017 , it shall be deemed notice to
all persons.

      [1911 CPA § 588; RL § 5530; NCL § 9077]—(NRS A 1987, 639; 2001,
1750 ; 2003, 75 )
 The summons shall be directed to all the joint tenants and
tenants in common, and all persons having any interest in, or any liens
of record by mortgage, judgment or otherwise upon the property, or upon
any particular portion thereof; and generally to all persons unknown who
have or claim any interest in the property.

      [1911 CPA § 589; RL § 5531; NCL § 9078]

      1.  If a party having a share or interest is unknown or any one of
the known parties reside out of the State or cannot be found, and this
fact is made to appear by affidavit, the summons may be served on the
absent or unknown party by publication, as in other cases. When
publication is made, the summons as published must be accompanied by a
brief description of the property which is the subject of the action.

      2.  The court may appoint an attorney to represent an absent or
unknown party.

      [1911 CPA § 590; RL § 5532; NCL § 9079]—(NRS A 1985, 771)
 The defendants who have been
personally served with the summons and a copy of the complaint shall set
forth in their answers, fully and particularly, the nature and extent of
their interest in the property, and if such defendants claim a lien upon
the property by mortgage, judgment or otherwise, they shall state its
amount and date, the amount remaining due thereon, whether the amount has
been secured in any other way or not and, if secured, the extent and
nature of the security, or they shall be deemed to have waived their
rights to the lien.

      [1911 CPA § 591; RL § 5533; NCL § 9080]—(NRS A 1985, 115)
 The rights of the
several parties, plaintiffs as well as defendants, may be put to issue,
tried and determined by such action; and when a sale of the premises is
necessary, the title shall be ascertained by proof to the satisfaction of
the court, before the judgment of sale shall be made; and where service
of the complaint has been made by publication, like proof shall be
required of the right of the absent or unknown parties before such
judgment is rendered; except that where there are several unknown persons
having an interest in the property, their rights may be considered
together in the action, and not as between themselves.

      [1911 CPA § 592; RL § 5534; NCL § 9081]

 If it shall appear to the court by the certificate of the county
recorder or county clerk, or by the sworn or verified statement of any
person who may have examined or searched the records that there are
outstanding liens or encumbrances of record upon such real property, or
any part thereof, which existed and were of record at the time of the
commencement of the action, and the persons holding such liens are not
made parties to the action, the court shall either order such persons to
be made parties to the action, by an amendment or supplemental complaint,
or appoint a master to ascertain whether or not such liens or
encumbrances have been paid, or if not paid what amount remains due
thereon, and their order among the liens or encumbrances severally held
by the persons and the parties to the action, and whether the amount
remaining due thereon has been secured in any manner, and if secured the
nature and extent of the security.

      [1911 CPA § 594; RL § 5536; NCL § 9083]

 The plaintiff shall cause a notice to be served a reasonable time
previous to the day for appearance before the master appointed, as
provided in NRS 39.100 , on each person
having outstanding liens of record who is not a party to the action, to
appear before the master at a specified time and place, to make proof, by
his own affidavit or otherwise, of the true amount due or to become due,
contingently or absolutely thereon. In case such person be absent, or his
residence be unknown, service may be made by publication of notice to his
agents, under the direction of the court, in such manner as may be
proper. The report of the master thereon shall be made to the court, and
shall be confirmed, modified or set aside and a new reference ordered, as
the justice of the case may require.

      [1911 CPA § 595; RL § 5537; NCL § 9084]
 If the evidence
establishes to the satisfaction of the court that the property, or any
part of it, is so situated that partition cannot be made without great
prejudice to the owners or if the owners consent, the court may order a
sale thereof. Otherwise, upon the requisite proofs being made, it shall
order a partition according to the respective rights of the parties, as
ascertained by the court, and may appoint a master to partition the
property. The court shall designate the portion of the property to remain
undivided for the owners whose interests remain unknown, or are not

      [1911 CPA § 596; RL § 5538; NCL § 9085]—(NRS A 1985, 771)
making the partition, the master or the court shall divide the property
and allot the several portions thereof to the respective parties, quality
and quantity relatively considered, according to the respective rights of
the parties, as determined by the court, designating the several portions
by proper landmarks, and may employ a surveyor with the necessary
assistants to aid in the division.

      [1911 CPA § 597; RL § 5539; NCL § 9086]—(NRS A 1985, 772)

 The master shall make a report of the proceedings, specifying therein
the manner of executing his trust, describing the property divided and
the shares allotted to each party, with a particular description of each

      [1911 CPA § 598; RL § 5540; NCL § 9087]—(NRS A 1985, 772)

      1.  The court may confirm, change, modify or set aside the report,
and, if necessary, appoint a new master.

      2.  Upon the report being confirmed, or upon partition by the
court, the court shall enter a judgment of partition. The judgment is
binding and conclusive:

      (a) On all persons named as parties to the action, and their legal
representatives, who have at the time any interest in the property
divided, or any part thereof, as owners in fee or as tenants for life or
for years, or as entitled to the reversion, remainder or the inheritance
of the property, or of any part thereof, after the determination of a
particular estate therein, and who by any contingency may be entitled to
a beneficial interest in the property, or who have an interest in any
undivided share as tenants for years or for life;

      (b) On all persons interested in the property who may be unknown,
to whom notice has been given of the action for partition by publication;

      (c) On all other persons claiming from any such parties or persons.

      3.  No judgment is invalidated by reason of the death of any party,
after filing of the report of the master and before final judgment or
decree. The judgment or decree is as conclusive against the heirs, legal
representatives or assigns of the decedent as if it had been entered
before his death.

      [1911 CPA § 599; RL § 5541; NCL § 9088]—(NRS A 1985, 772)
 Such judgment and partition shall not affect tenants for years
less than 10 to the whole of the property which is the subject of the

      [1911 CPA § 600; RL § 5542; NCL § 9089]
 If it appear that other
actions or proceedings have been necessarily prosecuted or defended by
any one of the tenants in common for the protection, confirmation or
perfecting of the title, or setting the boundaries, or making a survey or
surveys of the estate partitioned, the court shall allow to the parties
to the action, who have paid the expenses of such litigation or other
proceedings, all the expenses necessarily incurred therein, except
counsel fees, which shall have accrued to the common benefit of the other
tenants in common, with interest thereon from the date of making the
expenditures, and in the same kind of money expended or paid, and the
same must be pleaded and allowed by the court, and included in the final
judgment, and shall be a lien upon the share of each tenant respectively,
in proportion to his interest, and shall be enforced in the same manner
as taxable costs of partition are taxed and collected.

      [1911 CPA § 601; RL § 5543; NCL § 9090]
it appears to the court that it was necessary to have made an abstract of
the title to the property to be partitioned, and such abstract shall have
been procured by the plaintiff, or if the plaintiff shall have failed to
have the same made before the commencement of the action, and any one of
the defendants shall have had such abstract afterward made, the cost of
the abstract, with interest thereon from the time the same is subject to
the inspection of the respective parties to the action, must be allowed
and taxed. Whenever such abstract is procured by the plaintiff, before
the commencement of the action, he must file with his complaint a notice
that an abstract of the title has been made, and is subject to the
inspection and use of all the parties to the action, designating therein
where the abstract will be kept for inspection. But if the plaintiff
shall have failed to procure such abstract before commencing the action,
and any defendant shall procure the same to be made, he shall, as soon as
he has directed it to be made, file a notice thereof in the action with
the clerk of the court, stating who is making the same, and where it will
be kept when finished. The court, or the judge thereof, may direct from
time to time during the progress of the action, who shall have the
custody of the abstract.

      [1911 CPA § 602; RL § 5544; NCL § 9091]
 The abstract
mentioned in NRS 39.180 may be made by
any competent searcher of records, and need not be certified by the
recorder or other officer, but instead thereof it must be verified by the
affidavit of the person making it, to the effect that he believes it to
be correct; but the same may be corrected from time to time if found
incorrect, under the direction of the court.

      [1911 CPA § 603; RL § 5545; NCL § 9092]
 Whenever during the
progress of the action for partition, any disbursements shall have been
made under the direction of the court or the judge thereof by a party
thereto, interest must be allowed thereon from the time of making such

      [1911 CPA § 604; RL § 5546; NCL § 9093]
 When a lien is on an undivided
interest or estate of any of the parties, such lien, if a partition be
made, shall thenceforth be a charge only on the share assigned to such
party, but such share shall be first charged with its just proportion of
the costs of the partition, in preference to such lien.

      [1911 CPA § 605; RL § 5547; NCL § 9094]
 When a part of the
property only is ordered to be sold, if there be an estate for life or
years in an undivided share of the whole property, such estate may be set
off in any part of the property not ordered to be sold.

      [1911 CPA § 606; RL § 5548; NCL § 9095]

 The proceeds of the sale of encumbered property must be applied, under
the direction of the court, or by the court, as follows:

      1.  To pay its just proportion of the general costs of the action.

      2.  To pay the costs of the reference, if any.

      3.  To satisfy and cancel of record the liens in their order of
priority, by payment of the sums due and to become due, the amount due to
be verified by affidavit at the time of payment.

      4.  The residue among the owners of the property sold, according to
their respective shares therein.

      [1911 CPA § 607; RL § 5549; NCL § 9096]—(NRS A 1985, 772)
 Whenever any party to an action who holds a lien
upon the property, or any part thereof, has other securities for the
payment of the amount of such lien, the court may, in its discretion,
order such securities to be exhausted before a distribution of the
proceeds of sale, or may order a just deduction to be made from the
amount of the lien on the property on account thereof.

      [1911 CPA § 608; RL § 5550; NCL § 9097]
 The proceeds of sale and the securities taken by the master or
the court, or any part thereof, must be distributed to the persons
entitled thereto, whenever the court so directs. If the court does not
direct the master to distribute the proceeds and the securities, the
master shall deposit them with the court or as the court directs.

      [1911 CPA § 609; RL § 5551; NCL § 9098]—(NRS A 1985, 773)
 When the proceeds of sales of any shares or parcels belonging to
persons who are parties to the action, and who are known, are paid into
court, the action may be continued as between such parties, for the
determination of their respective claims thereto, which shall be
ascertained and adjudged by the court. Further testimony may be taken in
court, or by a master at the discretion of the court, and the court may,
if necessary, require such parties to present the facts or law in
controversy, by pleadings, as in an original action.

      [1911 CPA § 610; RL § 5552; NCL § 9099]

      1.  All sales of real property under this chapter must be made by
public auction or by private sale. The sale must be made to the highest
bidder, upon notice published in the manner required by subsections 2 and
3. The notice must state terms of sale, and if the property or any part
of it is to be sold subject to a prior estate, charge or lien, that must
be stated in the notice.

      2.  Notice of a public auction or a private sale must be posted for
20 consecutive days, in three public places of the township or city in
which the property is situated and at the location where the property is
to be sold. The notice must also be given by publishing a copy once each
week for 3 consecutive weeks in a newspaper of general circulation, if
there is one in the county. The cost of publication may not exceed the
rate for legal advertising provided in NRS 238.070 . If the newspaper neglects or refuses to make
the publication, then posting of the notices is sufficient notice.

      3.  In case of a private sale, the notice must state a place where
bids or offers will be received and a day on or after which the sale will
be made. The sale must be made within 1 year after that date.

      [1911 CPA § 611; RL § 5553; NCL § 9100]—(NRS A 1985, 773)
 The court shall,
in the order for sale, direct the terms of the sale and of any credit
which may be allowed for the purchase money of any portion of the
premises of which it may direct a sale on credit, and for that portion of
which the purchase money is required, by the provisions of this chapter,
to be invested for the benefit of unknown owners, infants or parties out
of the State. The court may appoint a master to appraise the property
before directing the terms of the sale.

      [1911 CPA § 612; RL § 5554; NCL § 9101]—(NRS A 1985, 773)
master or the court may take separate mortgages and other securities for
the whole or convenient portions of the purchase money, of such parts of
the property as are sold on credit, for the shares of any known owner of
full age, in the name of the owner, and for the shares of an infant, in
the name of the guardian of the infant, and for other shares, in the name
of the clerk of the county and his successors in office.

      [1911 CPA § 613; RL § 5555; NCL § 9102]—(NRS A 1985, 774)
 The person entitled to a tenancy for life or
years, whose estate shall have been sold, shall be entitled to receive
such sum as may be deemed a reasonable satisfaction for such estate, and
which the person so entitled may consent to accept instead thereof, by an
instrument in writing, filed with the clerk of the court. Upon the filing
of such consent, the clerk shall enter the same in the minutes of the

      [1911 CPA § 614; RL § 5556; NCL § 9103]
 If such consent
be not given, filed and entered, as provided in NRS 39.300 , at the time or before a judgment of sale is
rendered, the court shall ascertain and determine what proportion of the
proceeds of the sale, after deducting expenses, will be a just and
reasonable sum to be allowed on account of such estate, and shall order
the same to be paid to such party, or deposited in court for him, as the
case may require.

      [1911 CPA § 615; RL § 5557; NCL § 9104]
 If the persons
entitled to such estate for life or years be unknown, the court shall
provide for the protection of their rights in the same manner, as far as
may be, as if they were known and had appeared.

      [1911 CPA § 616; RL § 5558; NCL § 9105]
 In all
cases of sales, when it appears that any person has a vested or
contingent future right or estate in any of the property sold, the court
shall ascertain and settle the proportional value of such contingent or
vested right or estate, and shall direct such proportion of the sale to
be invested, secured or paid over, in such manner as to protect the
rights and interests of the parties.

      [1911 CPA § 617; RL § 5559; NCL § 9106]
 In all
cases of sales of property, the terms shall be made known at the time;
and if the premises consist of distinct farms or lots, they shall be sold

      [1911 CPA § 618; RL § 5560; NCL § 9107]
 Neither a master nor any
person for the benefit of him, may be interested in any purchase, nor may
a guardian of an infant party be interested in the purchase of any real
property which is the subject of the sale, except for the benefit of the
infant. All sales contrary to the provisions of this section are void.

      [1911 CPA § 619; RL § 5561; NCL § 9108]—(NRS A 1985, 774)

 After completing a sale of the property, or any part thereof ordered to
be sold, the master shall report the sale to the court, with a
description of the different parcels of land sold to each purchaser, the
name of the purchaser, the price paid or secured, the terms and
conditions of the sale, and the securities, if any taken. The report must
be filed in the office of the clerk of the county where the property is

      [1911 CPA § 620; RL § 5562; NCL § 9109]—(NRS A 1985, 774)
 If the sale is confirmed by the court, an order must be
entered directing the master to execute conveyances and take securities
pursuant to the sale, which he is hereby authorized to do. The order may
also give directions to him respecting the disposition of the proceeds of
the sale. The court may execute conveyances and take securities pursuant
to a sale conducted by the court.

      [1911 CPA § 621; RL § 5563; NCL § 9110]—(NRS A 1985, 774)
 When a party entitled to a share of the property, or
an encumbrancer entitled to have his lien paid out of the sale, becomes a
purchaser, the master or the court may take his receipt for so much of
the proceeds of the sale as belongs to him.

      [1911 CPA § 622; RL § 5564; NCL § 9111]—(NRS A 1985, 774)
conveyances shall be recorded in the county where the premises are
situated, and shall be a bar against all persons interested in the
property in any way who shall have been named as parties in the action,
and against all such parties and persons as were unknown if the summons
has been served by publication, and against all persons claiming from
them or either of them.

      [1911 CPA § 623; RL § 5565; NCL § 9112]

 When there are proceeds of a sale belonging to an unknown owner, or to a
person without the State, who has no legal representative within it, the
same shall be invested in securities or placed at interest for the
benefit of the persons entitled thereto.

      [1911 CPA § 624; RL § 5566; NCL § 9113]
 When the
security of the proceeds of the sale is taken, or when an investment of
any such proceeds is made, it shall be done, except as herein otherwise
provided, in the name of the clerk of the county where the papers are
filed, and his successors in office, who shall hold the same for the use
and benefit of the parties interested, subject to the order of the court.

      [1911 CPA § 625; RL § 5567; NCL § 9114]
 When the parties to an action for partition
agree upon their interests in the property to be partitioned or their
interests have been determined by the court and the property is sold on
credit which is secured by the purchasers, the security must be taken in
the names of the parties entitled to the security. The security must be
delivered to them upon their receipt for it. The agreement of the parties
and the receipt must be returned and filed with the clerk.

      [1911 CPA § 626; RL § 5568; NCL § 9115]—(NRS A 1985, 774)
 The clerk in
whose name a security is taken, or by whom an investment is made, and his
successors in office, shall receive the interest and principal as it
becomes due, and apply and invest the same as the court may direct, and
shall file in his office all securities taken, and keep an account in a
book provided and kept for that purpose in the clerk’s office, free for
inspection by all persons, of investments and moneys received by him
thereon, and the disposition thereof.

      [1911 CPA § 627; RL § 5569; NCL § 9116]
 When it appears that partition cannot be
made equal between the parties, according to their respective rights,
without prejudice to the rights and interest of some of them, and a
partition be ordered by judgment, the court may adjudge compensation to
be made by one party to another, on account of the inequality of
partition; but such compensation shall not be required to be made to
others by owners unknown, nor by infants, unless in case of an infant it
appears that he has personal property sufficient for that purpose, and
that his interests will be promoted thereby.

      [1911 CPA § 628; RL § 5570; NCL § 9117]
 When the share of an
infant is sold, the proceeds of the sale may be paid by the master making
the sale to his general guardian or the special guardian appointed for
him in the action, upon giving the security required by law or directed
by order of the court.

      [1911 CPA § 629; RL § 5571; NCL § 9118]
guardian who may be entitled to the custody and management of the estate
of an insane person, or other person adjudged incapable of conducting his
own affairs, whose interest in real property shall have been sold, may
receive, in behalf of such person, his share of the proceeds of such real
property, from the master, on executing with sufficient sureties an
undertaking approved by a judge of the court, that he will faithfully
discharge the trust imposed in him, and will render a true and just
account to the person entitled, or to his legal representatives.

      [1911 CPA § 630; RL § 5572; NCL § 9119]
 The general guardian of an infant and the guardian
entitled to the custody and management of the estate of an insane person
or other person adjudged incapable of conducting his own affairs, who is
interested in real estate held in joint tenancy or in common, or in any
other manner so as to authorize his being made a party to an action for
the partition thereof, may consent to a partition without action, and
agree upon the share to be set off to such infant or other person
entitled, and may execute a release in his behalf to the owners of the
shares of the parts to which they may be respectively entitled, upon an
order of the court.

      [1911 CPA § 631; RL § 5573; NCL § 9120]
costs of partition, fees of the master and other disbursements and also,
in the discretion of the court, reasonable counsel fees expended by the
parties for the common benefit, must be paid by the parties respectively
entitled to share in the lands divided, in proportion to their respective
interests therein, and may be included and specified in the judgment. If
the costs and fees are included in the judgment, there is a lien on the
several shares, and the judgment may be enforced by execution against the
shares and against other property held by the respective parties. When
litigation arises between some of the parties only, the court may require
the expenses of the litigation to be paid by the parties to the
litigation or any of them.

      [1911 CPA § 632; A 1921, 106; NCL § 9121]—(NRS A 1985, 775)
court may appoint three masters upon request of the parties instead of a
single master, in the proceedings under the provisions of this chapter.
The three masters have all the powers and must perform all the duties
required of the single master.

      [1911 CPA § 633; RL § 5575; NCL § 9122]—(NRS A 1985, 775)

the action is for partition of a mining claim among the tenants in
common, joint tenants, coparceners or partners thereof, the court, upon
good cause shown by any party or parties in interest, may, instead of
ordering partition to be made in the manner provided in NRS 39.010 to 39.390 ,
inclusive, or ordering a sale of the premises for cash, direct the master
to divide the claim in the manner specified in NRS 39.510 to 39.570 ,

      [1911 CPA § 634; RL § 5576; NCL § 9123]—(NRS A 1985, 775)
 The court shall, in its
order, or by a subsequent order made upon motion, fix the time for
division of the claim by the master, which may not be less than 20 nor
more than 40 days from the day of making the order, except by consent of
all the parties in interest who have appeared in the action.

      [1911 CPA § 635; RL § 5577; NCL § 9124]—(NRS A 1985, 775)
 On the day designated in the order,
the master shall go upon the claim to be divided, and proceed to make
division of the claim as provided in NRS 39.530 to 39.570 ,
inclusive, and shall continue from day to day until the whole business is

      [1911 CPA § 636; RL § 5578; NCL § 9125]—(NRS A 1985, 775)
 Two or more of the tenants in common, joint tenants,
copartners or parceners may unite together for the purposes of the
division, of which they must give the master written notice before he
commences the business of division. All who do not unite or give notice
of separate action, shall, for the purposes of division, be deemed to
have united. The master shall recognize those named in the order of the
court, or their agents and attorneys-in-fact, the guardian of an infant,
and the guardian entitled to the custody and management of the estate of
an insane person or other person adjudged incapable of conducting his own
affairs, and as to the interest of each, the master must be controlled
entirely by the order of the court.

      [1911 CPA § 637; RL § 5579; NCL § 9126]—(NRS A 1985, 775)
 At the time and place of division, the master shall, in the manner
of public auction, offer to the party or parties who will take the least
part or portion of the mining claim in proportion to the interest he or
they may have therein, the privilege of first selecting the place at
which his portion will be located, and upon closing the bids the master
shall proceed to measure and mark off, by distinct metes and bounds, to
the lowest bidder, his or their portion of the mining claim, at the place
designated by them or him, according to the terms of his or their bid.

      [1911 CPA § 638; RL § 5580; NCL § 9127]—(NRS A 1985, 776)
 When the master has marked off and set apart the
interest of the lowest bidder, as provided in NRS 39.540 , he shall offer to the remaining parties the
privilege of selection, and shall, upon closing the bids, proceed in the
same manner to locate and mark off the portion of the lowest bidder, and
shall thereafter continue in the same manner to receive bids and mark off
the interest of the bidder or bidders until there remains but one party
in interest, or parties united, forming one interest, as provided in NRS
39.530 . The party or parties remaining
become the owner or owners, as the case may be, of the entire claim not
marked off and set apart to the other parties, in proportion to their
respective interests in the claim.

      [1911 CPA § 639; RL § 5581; NCL § 9128]—(NRS A 1985, 776)
 The master shall return with the report required by NRS 39.140
the evidences of authority presented to
him by persons other than the parties mentioned in the order of the court
by which they claim the right to bid, or otherwise act, during the

      [1911 CPA § 640; RL § 5582; NCL § 9129]—(NRS A 1985, 776)

     NRS 39.570  Expenses of master and others apportioned among parties.
 The expenses of the master and those of a surveyor and his assistant,
when employed, must be ascertained and allowed by the court, and the
amount thereof, together with the fees allowed by law to the master, must
be apportioned among the different parties to the action.

      [1911 CPA § 641; RL § 5583; NCL § 9130]—(NRS A 1985, 776)

USA Statutes : nevada