Title 3

NRS 39.630 “Heirs property” defined. “Heirs property” means real property held in tenancy in common which satisfies all the following requirements as of the filing of a partition action: 1. There is no agreement in a record binding all the cotenants which governs the partition of…

NRS 39.635 “Partition by sale” defined. “Partition by sale” means a court-ordered sale of the entire heirs property, whether by auction, sealed bids or open-market sale conducted under NRS 39.690. (Added to NRS by 2011, 310)

NRS 39.640 “Partition in kind” defined. “Partition in kind” means the division of heirs property into physically distinct and separately titled parcels. (Added to NRS by 2011, 310)

NRS 39.645 “Record” defined. “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (Added to NRS by 2011, 310)

NRS 39.650 “Relative” defined. “Relative” means an ascendant, descendant or collateral or an individual otherwise related to another individual by blood, marriage, adoption or law of this State other than NRS 39.600 to 39.705, inclusive. (Added to NRS by 2011, 310)

NRS 39.655 Applicability; relation to other law. 1. In an action to partition real property under NRS 39.010 to 39.490, inclusive, the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the property must be p…

NRS 39.660 Manner of service; notice by posting. 1. NRS 39.600 to 39.705, inclusive, do not limit or affect the method by which service of a summons and complaint in a partition action may be made. 2. If the plaintiff in a partition action seeks to provide notice by publication p…

NRS 39.665 Masters appointed by court. If the court appoints a master pursuant to the provisions of NRS 39.010 to 39.490, inclusive, each master, in addition to the requirements and disqualifications applicable to masters in NRS 39.010 to 39.490, inclusive, must be disinterested,…

NRS 39.670 Determination of value. 1. Except as otherwise provided in subsections 2 and 3, if the court determines that the property which is the subject of the partition action is heirs property, the court shall determine the fair market value of the property by ordering an appr…

NRS 39.675 Cotenant buyout. 1. If any cotenant requested partition by sale, after the determination of value under NRS 39.670, the court shall send notice to the parties that any cotenant except a cotenant that requested partition by sale may buy the interest of any cotenant that…

NRS 39.680 Partition alternatives. 1. If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to NRS 39.675 or if, after conclusion of the buyout under NRS 39.675, a cotenant remains that has requested partition in kind…

NRS 39.685 Considerations for partition in kind. 1. In determining under subsection 1 of NRS 39.680 whether partition in kind would result in great prejudice to the cotenants as a group, the court shall consider the following: (a) Whether the heirs property practicably may be div…

NRS 39.690 Open-market sale; sale by sealed bids or auction. 1. If the court orders a sale of heirs property, the sale must 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 t…

NRS 39.695 Report of open-market sale. 1. Unless required to do so within a shorter time by NRS 39.010 to 39.490, inclusive, a broker appointed under subsection 2 of NRS 39.690 to offer heirs property for open-market sale shall file a report not later than 7 days after receiving …

NRS 39.700 Applying and construing Uniform Act to promote uniformity. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (Added to NRS by 2011, 315)

NRS 39.705 Relation to Electronic Signatures in Global and National Commerce Act. NRS 39.600 to 39.705, inclusive, modify, limit and supersede the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., but do not modify, limit or supersede s…

NRS 40.001 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 40.002 to 40.0045, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 2019, 3175)

NRS 40.002 “Federal worker” defined. “Federal worker” means an employee of a federal agency or an employee of a contractor who has entered into a contract with a federal agency. (Added to NRS by 2019, 3175)

NRS 40.0025 “Household member” defined. “Household member” means any person who is related by blood, marriage, adoption or other legal process and is currently residing with a federal worker, tribal worker or state worker affected by a shutdown. (Added to NRS by 2019, 3175)

NRS 40.003 “Qualified Indian tribe” defined. “Qualified Indian tribe” means a federally recognized Nevada Indian tribe that receives at least a majority of its funding from the Federal Government. (Added to NRS by 2019, 3176)

NRS 40.0035 “Shutdown” defined. “Shutdown” means any period in which there is a lapse in appropriations for a federal or state agency or tribal government that continues through any unpaid payday for a federal worker, state worker or tribal worker employed by that agency or triba…

NRS 40.004 “State worker” defined. “State worker” means an employee of a state agency or an employee of a contractor who has entered into a contract with a state agency. (Added to NRS by 2019, 3176)

NRS 40.0045 “Tribal worker” defined. “Tribal worker” means an employee of a qualified Indian tribe or an employee of a contractor who has entered into a contract with a qualified Indian tribe. (Added to NRS by 2019, 3176)

NRS 40.005 Zoning requirements to be considered by court. In any proceeding involving disposition of land the court shall consider lot size and other applicable zoning requirements before ordering a physical division of the land. (Added to NRS by 1977, 1512) ACTIONS TO DETERMINE …

NRS 40.010 Actions may be brought against adverse claimants. An action may be brought by any person against another who claims an estate or interest in real property, adverse to the person bringing the action, for the purpose of determining such adverse claim. [1911 CPA § 572; RL…

NRS 40.020 Plaintiff not entitled to costs on default judgment or disclaimer. If the defendant in such action disclaim in the defendant’s answer any interest or estate in the property, or suffer judgment to be taken against the defendant without answer, the plaintiff shall not re…

NRS 40.030 Plaintiff may recover damages for property withheld where plaintiff’s right terminated during pendency of action. In an action for the recovery of real property, where the plaintiff shows a right to recover at the time the action was commenced but it appears that the p…

NRS 40.040 Value of permanent improvements to be allowed as setoff. When damages are claimed for withholding the property recovered, upon which permanent improvements have been made by a defendant or those under whom the defendant claims, holding under color of title adversely to…

NRS 40.050 Mortgage not deemed conveyance. A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to take possession of the real property in the absence of a foreclosure sale or in accordance with NRS 32.100 to …

NRS 40.060 Court may enjoin injury to property during foreclosure. The court may by injunction, on good cause shown, restrain the party in possession from doing any act to the injury of real property during the foreclosure of a mortgage thereon; or after a sale on execution, befo…

NRS 40.070 Damages may be recovered for injury to possession after sale and before delivery. When real property shall have been sold on execution, the purchaser thereof, or any person who may have succeeded to the purchaser’s interest, may, after the purchaser’s estate becomes ab…

NRS 40.080 Action not to be prejudiced by alienation pending suit. An action for the recovery of real property against a person in possession cannot be prejudiced by an alienation made by such person, either before or after the commencement of the action. [1911 CPA § 579; RL § 55…

NRS 40.090 Action by person in adverse possession: Verified complaint; defendants; notice of pending litigation. 1. An action may be brought to determine the adverse claims to and clouds upon title to real property by a person who, personally or in combination with the person’s p…

NRS 40.100 Action by person in adverse possession: Issuance, service and posting of summons; rights of unknown persons. 1. Within 1 year after the filing of the complaint, as required by NRS 40.090, a summons must be issued in the manner and form prescribed in the Nevada Rules of…

NRS 40.110 Court to hear case; must not enter judgment by default; effect of final judgment. 1. When the summons has been served as provided in NRS 40.100 and the time for answering has expired, the court shall proceed to hear the case as in other cases and shall have jurisdictio…

NRS 40.120 Remedy is cumulative. The remedy provided in NRS 40.090, 40.100 and 40.110 shall be construed as cumulative and not exclusive of any other remedy, form or right of action or proceeding now allowed by law. [1911 CPA § 583; RL § 5525; NCL § 9072]

NRS 40.130 Adverse action on mining claim. In all actions brought to determine the right of possession of a mining claim, or metalliferous vein or lode, where an application has been made to the proper officers of the Government of the United States by either of the parties to su…

NRS 40.140 Nuisance defined; action for abatement and damages; exceptions. 1. Except as otherwise provided in this section: (a) Anything which is injurious to health, or indecent and offensive to the senses, or an obstruction to the free use of property, so as to interfere with t…

NRS 40.150 Action for waste; judgment may be for treble damages. If a guardian, tenant for life or years, joint tenant or tenant in common of real property commit waste thereon, any person aggrieved by the waste may bring an action against the guardian or tenant who committed the…

NRS 40.160 Action for trespass for cutting or carrying away trees or wood; treble damages. 1. Any person who cuts down or carries off any wood or underwood, tree or timber, or girdles or otherwise injures any tree or timber on the land of another person, or on the street or highw…

NRS 40.180 Manner of working mine or mining claim; assessment of damages. 1. Any person being the owner of, or in possession under any lease or contract for the working of any mine or mines within this state, shall have the right to institute and maintain an action for the recove…

NRS 40.190 Continuation of judgment lien. Any judgment obtained for damages under the provisions of NRS 40.180 shall become a lien upon all the property of the judgment debtor not exempt from execution in the State of Nevada, owned by the judgment debtor, or which may afterwards …

NRS 40.200 Application for order of survey; notice and order; report of survey; costs of and damages caused by survey. 1. Any person named in NRS 40.180 and 40.190 shall have the right to apply for and obtain from any district court, or the judge thereof, an order of survey in th…

NRS 40.210 Order allowing party to survey and measure land in dispute; contents and service of order; liability for unnecessary injury. 1. The court in which an action is pending for the recovery of real property or for damages for an injury thereto, or a judge thereof, may, on m…

NRS 40.215 Definitions. As used in NRS 40.215 to 40.425, inclusive, unless the context requires otherwise: 1. “Dwelling” or “dwelling unit” means a structure or part thereof that is occupied, or designed or intended for occupancy, as a residence or sleeping place by one person wh…