Title 12, Courts and Civil Proceedings

If plaintiff, prior to making the award, has tendered to an interested person for his real property, or deposited in court for the property, an amount which the interested person refused to accept or agree to as just compensation, all costs shall be assessed against such person i…

A. The powers conferred by this article shall be additional and supplemental to and not in substitution for the power conferred by any other law. No other law pertaining to eminent domain is repealed by this article in whole or in part. Eminent domain may be exercised under this …

A person is guilty of forcible entry and detainer, or of forcible detainer, as the case may be, if the person: 1. Makes an entry into any lands, tenements or other real property, except in cases where entry is given by law. 2. Makes such an entry by force. 3. Wilfully and without…

A "forcible entry," or an entry where entry is not given by law within the meaning of this article, is: 1. An entry without the consent of the person having the actual possession. 2. As to a landlord, an entry upon the possession of his tenant at will or by sufferance, whether wi…

A. There is a forcible detainer if: 1. A tenant at will or by sufferance or a tenant from month to month or a lesser period whose tenancy has been terminated retains possession after his tenancy has been terminated or after he receives written demand of possession by the landlord…

A. In addition to other persons enumerated in this article, a person in any of the following cases who retains possession of any land, tenements or other real property after he receives written demand of possession may be removed through an action for forcible detainer filed with…

It is not material whether a tenant received possession from his landlord or became his tenant after obtaining possession.

A. When a party aggrieved files a complaint of forcible entry or forcible detainer, in writing and under oath, with the clerk of the superior court or a justice of the peace, summons shall issue no later than the next judicial day. B. The complaint shall contain a description of …

A. If a jury trial is requested by the plaintiff, the court shall grant the request. If the proceeding is in the superior court, the jury shall consist of eight persons, and if the proceeding is in the justice court, the jury shall consist of six persons. The trial date shall be …

A. On the trial of an action of forcible entry or forcible detainer, the only issue shall be the right of actual possession and the merits of title shall not be inquired into. B. If a jury is demanded, it shall return a verdict of guilty or not guilty of the charge as stated in t…

A. If the defendant is found guilty of forcible entry and detainer or forcible detainer, the court shall give judgment for the plaintiff for restitution of the premises, for all charges stated in the rental agreement and for damages, attorney fees, court and other costs and, at t…

A. Either party may appeal from a justice court to the superior court in the county in which the judgment is given by giving notice as in other civil actions within five calendar days after rendition of the judgment pursuant to this section. The appeal shall be filed in accordanc…

When the appeal bond is filed and approved, the justice of the peace shall stay further proceedings on the judgment and immediately prepare a list of all entries on the justice's docket in the action and transmit it, together with all the original papers, to the clerk of the supe…

A. On trial of the action in the superior court, appellee, if out of possession and the right of possession is adjudged to him, shall be entitled to damages for withholding possession of the premises during pendency of the appeal and the court shall also render judgment in favor …

A. In a forcible entry or forcible detainer action originally commenced in the superior court, an appeal may be taken to the supreme court as in other civil actions. B. The appeal, if taken by the party in possession of the premises, shall not stay execution of the judgment unles…

The proceedings under a forcible entry or forcible detainer shall not bar an action for trespass, damages, waste, rent or mesne profits.

A. In an action affecting title to real property, the plaintiff at the time of filing the complaint, or thereafter, and the defendant at the time of filing the defendant's pleading when affirmative relief is claimed in such pleading, or thereafter, may file in the office of the r…

"Private way of necessity" as used in this article means right of way on, over, across, or through the land of another for means of ingress and egress, and the construction and maintenance thereon of roads, overhead transmission lines, pole lines, power lines, canals, ditches, fl…

A. An owner of or a person entitled to the beneficial use of land, mines or mining claims and structures thereon, which is so situated with respect to the land of another that it is necessary for its proper use and enjoyment to have and maintain a private way of necessity over, a…

A person violating the provisions of section 12-1202 is guilty of a petty offense and shall be liable to the injured person for any damages incurred.

A. The owner or claimant of real property or any interest therein may compel a partition of the property between him and other owners or claimants by filing a complaint in the superior court of the county in which the property, or a portion thereof, is situated. B. The complaint …

A. If plaintiff makes affidavit that an undivided portion of the land described in the complaint is owned by some person unknown to affiant, a summons shall be issued to the unknown owner. The summons shall contain a brief statement of the nature of the action and a description o…

Upon the hearing the court shall determine the share or interest in the property sought to be divided of each of the owners or claimants, and all questions affecting the title thereto, or any part thereof.

A. If it is necessary to have an abstract of title of the property to be partitioned, plaintiff may procure one before commencing the action and may in his complaint state that he has done so and that the abstract is subject to inspection and use of all parties to the action, and…

A. The court shall enter a judgment directing that partition of the real property be made in accordance with the shares or interests of the parties entitled thereto and specifying the share or interest of each party. B. The court shall appoint three or more disinterested persons …

The commissioners or a majority of them shall partition the property in accordance with the judgment. They may cause the property to be surveyed into several tracts. They shall divide the property into as many shares as there are persons entitled thereto, each share to contain on…

A. When the partition is completed, the commissioners shall report in writing and under oath to the court. The report shall set forth: 1. A description of the real property divided. 2. The several tracts or parcels into which the real property was divided by them, describing part…

A. If the commissioners are of the opinion that fair and equitable division of the property or any part thereof cannot be made, they shall report such opinion to the court, stating their reasons therefor, and if the court approves such report, it shall order a sale of the propert…

Any party may file objections to any report of the commissioners in partition, and a hearing of the objections shall be had as in other cases. If the report is found erroneous in a material respect, or unequal and unjust, it shall be rejected and other commissioners shall be appo…

A. When a partition is made between an owner who holds an estate for a term of years or for life with others who hold equal or greater estates, the partition shall not be prejudicial to those entitled to the reversion or remainder of such estates. B. Each party to whom a share is…

The judgment of the court which confirms the report of partition shall vest in each party to whom a share is allotted the title to such share as against the other parties to the partition, their heirs, executors, administrators or assigns, as fully and effectually as the deed of …

Part owners of personal property may be compelled to make partition between them by an action for partition commenced in the court having jurisdiction of the value of such property in the same manner as other civil actions are commenced. The several owners or claimants of such pr…

A. When a partition in kind of personal property is ordered, a writ shall be issued in accordance with the judgment, commanding the sheriff or a constable of the county where the property is located to put the parties forthwith in possession of the property allotted. B. When the …

A. The provisions of this article shall not preclude partition in any other manner authorized by law. B. The rules of pleading and procedure which govern other civil actions shall govern actions for partition when not in conflict with the proceedings provided by this article.

A. The commissioners in partition and the surveyor shall be paid such sum per day for each day they are engaged in making and returning the partition as the court deems reasonable, considering the services rendered, and the compensation allowed shall be taxed and collected as cos…

The superior court or a judge thereof may appoint a receiver to protect and preserve property or the rights of parties therein, even if the action includes no other claim for relief.

An application for the appointment of a receiver shall be in writing, supported by affidavit and served upon the adverse party, together with reasonable notice of the time of hearing. The adverse party may file counteraffidavits, and the counteraffidavits, with such testimony as …

A. A person having a valid subsisting interest in real property and a right to immediate possession thereof may recover the property by action against any person acting as owner, landlord or tenant of the property claimed. B. The action shall be commenced and prosecuted as other …

A. The plaintiff must recover on the strength of his own title. B. In an action by a tenant in common or joint tenant against his cotenant, plaintiff shall show, in addition to his evidence of right, that the defendant either denied plaintiff's right or did some act amounting to …

A. If upon answer of defendant it appears that defendant claims only as a tenant, the answer shall also state the name and residence of the landlord. In such case, the landlord may be substituted by service of summons upon him and the judgment shall also be conclusive against the…

The court on motion and after notice to the opposite party may grant an order allowing the party applying therefor to enter upon the land in controversy and make a survey for purposes of the action. The order shall describe the property, and a copy of the order shall be served up…

A. The verdict may specify the extent and quantity of plaintiff's estate and the premises to which he is entitled by metes and bounds or other sufficient description. B. A general verdict in favor of plaintiff without specifications entitles plaintiff to the quantity of interest …

A. If the interest of plaintiff expires before the time in which he may be put in possession, he shall obtain judgment for damages only. B. The plaintiff shall not recover for the use and occupation of the premises for more than five years prior to commencement of the action. C. …

A tenant in possession in good faith, under a lease or license from another, is not liable beyond the rent in arrears at the time the action is brought, and that which afterward accrues during continuance of his possession.

If defendant alleges that he has a crop sowed, planted or growing on the premises, the judge or jury, finding for plaintiff, and also finding that fact, shall further find the value of the premises from the date of the trial until February 1 next succeeding. No execution for poss…

A. When plaintiff shows himself entitled to immediate possession of the premises, judgment shall be entered accordingly. B. The plaintiff may also, on motion and ten days notice in writing, have judgment for the rent or rental value of the premises which accrues after judgment an…