Title 36, Civil Remedies And Defenses And Special Proceedings

[§667-93] Recordation of notice of default and intention to foreclose. Before the deadline date in the notice of default and intention to foreclose, the notice may be recorded in a recordable form in a manner similar to recordation of notices of pendency of action under section 5…

§667-94 Cure of default. (a) If the default is cured as required by the notice of default and intention to foreclose, the association shall rescind the notice of default and intention to foreclose. If, pursuant to section 667-92(c), the parties agree on a payment plan to cure the…

[§667-95] Date of public sale of unit; place of sale. (a) The public sale of the unit shall take place on the later of the following: (b) The public sale of the unit shall be held only in the county where the unit is located; provided that the public sale shall be held only on gr…

[§667-96] Public notice of public sale; contents; distribution; publication. (a) The association shall prepare the public notice of the public sale. The public notice shall state: (b) The public notice shall also contain wording substantially similar to the following in all capit…

[§667-97] Postponement, cancellation of sale. (a) The public sale may be either postponed or canceled by the association. Notice of the postponement or the cancellation of the public sale shall be: (b) If there is a postponement of the public sale of the unit, a new public notice…

[§667-98] Authorized bidder; successful bidder. Any person, including the association, shall be authorized to bid for the unit at the public sale and to purchase the unit. The highest bidder who meets the requirements of the terms and conditions of the public sale shall be the su…

[§667-99] Successful bidder's failure to comply; forfeiture of downpayment. If the successful bidder later fails to comply with the terms and conditions of the public sale or fails to complete the purchase within forty-five days after the public sale is held, the downpayment shal…

§668-1 Actions for partition. [Section effective until December 31, 2016. For section effective January 1, 2017, see below.] When two or more persons hold or are in possession of real property as joint tenants or as tenants in common, in which one or more of them have an estate i…

§668-10 Allotments for shares under unproved ownership. In any case where the legal title of a claimant to any particular share or interest has not been shown to the satisfaction of the court but the claimant has color of title thereto and the claim is not controverted, the court…

§668-11 Liens and encumbrances. Where partition is made of any property that is subject as a whole to any lien or encumbrance, the court, with the consent of the encumbrancer, may apportion the encumbrance against the separate portions as partitioned to the parties, or if the pro…

§668-12 Estates for life and years, and contingent estates. If an estate for life or years is found to exist as to any part of the property or if any estate in dower or by curtesy exists with respect thereto, and the person interested has been served, the estate shall after parti…

§668-13 Commissioners in partition. The court shall have power in its discretion to appoint a commissioner or commissioners to act under the directions and subject to the approval of the court, and may invest them with power to investigate and report to the court as to the practi…

§668-14 Sales; auction, notice. All sales of any property in partition shall be made at public auction, after publication of notice with a brief description of the property to be sold, in at least one newspaper published in the State and having a general circulation in each circu…

§668-15 Conveyances and payments in partition; possession and guaranty. The title of every claimant to any share or interest in the property shall be shown to the satisfaction of the court before any conveyance in partition is made to the party of the portion or portions of the l…

§668-16 Default. All parties who have failed to plead or otherwise defend as provided by the rules of court shall, when that fact is made to appear, be deemed to be in default, and their default shall be entered. Such parties shall be deemed to have consented to such partition or…

§668-17 Costs. All costs of the proceedings in partition shall be paid by the plaintiff in the first instance, but eventually by all of the parties in proportion to their interests, except such costs which may be occasioned by contests as to particular shares or interests, which …

§668-2 Necessary parties; unknown owners. [(a)] Subject to the rules of court and section 668-8.5, plaintiff shall join as a party every person having or claiming to have, as far as known to the plaintiff, any legal or equitable right, title, or interest in the property described…

§668-3 Complaint. The complaint shall particularly describe the property sought to be partitioned, and shall set forth the title and rights of all parties interested therein and the extent of their respective interests, as far as known to the plaintiff. In case any person or pers…

§668-4 Pleadings; substitution of heirs in case of death. [(a)] Each party shall allege the source or derivation and devolution of the party's title, right, interest, or claim. The answers of the defendants shall state, among other things, the precise nature and extent of their r…

§668-5 Summons, service. The summons shall be directed to all persons named in the complaint or joined as provided by the rules of court, and may be directed generally to all persons unknown having or claiming to have any interest in the premises described in the complaint, subje…

§668-7 Powers of the court. [(a)] The court shall have power, subject to section 668-8.5: [(b)] When partition of two or more separate tracts or parcels of land is sought, the whole share of any party in all of them may be set apart to the party in any one or more of the tracts o…

§668-8 Trial of title. Whenever the legal title of any particular share or interest in the property is controverted, the issue shall be triable of right by a jury; provided that as to any such particular controversy, where no other share or interest in the property is affected th…

§668-8.5 Adverse claimants. Unless the action is combined with an action under chapter 669, a person who has not appeared and who claims to hold by title paramount to that under which the plaintiff claims as a cotenant shall not be concluded by the judgment, but may maintain an a…

§668-9 Unknown and absent owners. The court shall in all cases provide for the protection of the interests of all unknown owners and other owners served under [section] 634-23 or 634-24 who do not appear in the action, in the same manner as far as may be as if they were known and…

[§668A-1] Short title. This chapter may be cited as the Uniform Partition of Heirs Property Act. [L 2016, c 260, pt of §1]

[§668A-10] Considerations for partition in kind. (a) In determining under section 668A-9(a) whether partition in kind would result in great prejudice to the cotenants as a group, the court shall consider the following: (b) The court shall not consider any one factor in subsection…

[§668A-11] Open-market sale, sealed bids, or auction. (a) If the court orders a sale of heirs property, the sale shall be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the co…

[§668A-12] Report of open-market sale. (a) Unless required to do so within a shorter time by chapter 668, a broker appointed under section 668A-11(b) to offer heirs property for open-market sale shall file a report not later than seven days after receiving an offer to purchase th…

[§668A-13] Uniformity of application and construction. In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact similar uniform legislation. [L 2016, c 260, pt…

[§668A-14] Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, P.L. 106-229, title 15 United States Code chapter 96, but does not modify, limit,…

[§668A-2] Definitions. As used in this chapter: "Ascendant" means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual. "Collateral" means an individual who is related to another individual under the law of intestate suc…

[§668A-3] Applicability; relation to other law. (a) This chapter applies to actions for partition filed on or after January 1, 2017. (b) In any action for partition of real property under chapter 668, the court shall determine whether the property is heirs property. If the court …

[§668A-4] Service; notice by posting. (a) This chapter does not limit or affect the method by which service of a complaint in an action for partition may be made. (b) If an order of service by publication of the summons for an action for partition of real property is granted and …

[§668A-5] Commissioners. If the court appoints commissioners pursuant to section 668-13, each commissioner, in addition to the requirements and disqualifications applicable to commissioners in section 668-13, shall be disinterested, impartial, and neither a party to nor a partici…

[§668A-6] Special master. The court shall appoint a special master to fulfill the notice requirements pursuant to this chapter or that are not specifically assigned to any cotenant by this chapter. The costs of the services of the special master and the expenses of the notices sh…

[§668A-7] Determination of value. (a) Except as otherwise provided in subsections (b) and (c), if the court determines that the property that is the subject of the action for partition is heirs property, the court shall determine the fair market value of the property by ordering …

§668A-8 Cotenant buyout. (a) If any cotenant requested partition by sale, after the determination of value under section 668A-7, the special master shall send notice to the parties that any cotenant except a cotenant that requested partition by sale may buy the interest of any co…

[§668A-9] Partition alternatives. (a) If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to section 668A-8, or if after conclusion of the buyout under section 668A-8, a cotenant remains that has requested partition…

PART I. GENERAL PROVISIONS §669-1 Object of action. (a) Action may be brought by any person against another person who claims, or who may claim adversely to the plaintiff, an estate or interest in real property, for the purpose of determining the adverse claim. (b) Action for the…

PART II. STRUCTURE POSITION DISCREPANCIES §669-11 De minimis structure position discrepancies, defined. For the purposes of this part, "de minimis structure position discrepancy" means: between the location of an improvement legally constructed along what was reasonably believed …

§669-12 Consequences.

[§669-13] Restrictions as to owner of property. This part shall not apply to any de minimis structure position discrepancy on public lands, as defined in section 171-2, or to such encroaching improvements incident to shoreline boundaries. If real property subject to this section …

§669-2 Defendants; unknown persons. (a) Any person may be made a defendant in the action who has or claims, or may claim, an interest in the property adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the issues involved therein. (b…

§669-3 Notice by publication or registered mail. In any action brought under section 669-1(a) or (b), unknown persons and any known persons who do not reside within the State or cannot after due diligence be served with process within the State may be served as provided by sectio…

§669-3.5 Trial when legal title in controversy. Whenever in an action brought under this chapter the legal title is in controversy, the issue shall be triable of right by a jury. [L 1972, c 90, §12(d)]

§669-6 Disclaimer, default, no costs. If in the action the defendant disclaims in the defendant's answer any interest or estate in the property or suffers judgment to be taken against the defendant without answer, the plaintiff shall not recover costs. [L 1890, c 18, §4; RL 1925,…