|
Wrongful Death |
Car Accident |
Slip & Fall | Malpractice |
Product Defect | Other Claims
Las Vegas Injury Lawyer
Vegas Law
NRS 11.100 Possession presumed in legal owner unless adversely held. In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the premises shall be presumed to have been possessed thereof within the time prescribed by law; and the occupation of such premises by any other person shall be deemed to have been under and in subordination to the legal title, unless it shall appear:
1. That is has been protected by a substantial enclosure; or
2. That it has been cultivated or improved in accordance with the usual and ordinary methods of husbandry.
[1911 CPA § 13; RL § 4955; NCL § 8512]
NRS 11.110 Occupation under written instrument or judgment; when deemed adverse. Whenever it shall appear that the occupant, or those under whom he claims, entered into the possession of premises, under claim of title, exclusive of any other right, founding such claim upon a written instrument as being a conveyance of the premises in question, or upon the decree or judgment of a competent court, and that there has been a continued occupation and possession of the premises included in such instrument, decree, or judgment, or of some part of such premises, under such claim, for 5 years, the premises so included shall be deemed to have been held adversely, except that where the premises so included consists of a tract divided into lots, the possession of one lot shall not be deemed a possession of any other lot of the same tract.
[1911 CPA § 14; RL § 4956; NCL § 8513]
NRS 11.120 What constitutes adverse possession under written instrument or judgment. For the purpose of constituting adverse possession by any person claiming a title, founded upon a written instrument or judgment or decree, land shall be deemed to have been possessed and occupied in the following cases:
1. Where it has been usually cultivated or improved.
2. Where it has been protected by a substantial enclosure.
3. Where, though not enclosed, it has been used for the supply of fuel, or of fencing timber, for the purpose of husbandry; or for the use of pasturage, or for ordinary uses of the occupant.
4. Where a known farm or single lot has been partly improved, the portion of such farm or lot that may have been left not cleared, or not enclosed according to the usual course and custom of the adjoining country, shall be deemed to have been occupied for the same length of time as the part improved and cultivated.
[1911 CPA § 15; RL § 4957; NCL § 8514]
NRS 11.130 Premises actually occupied under claim of title deemed to be held adversely. Where it appears that there has been an actual continued occupation of premises, under a claim of title, exclusive of any other right, but not founded upon a written instrument, or a judgment or decree, the premises so actually occupied, and no other, shall be deemed to have been held adversely.
[1911 CPA § 16; RL § 4958; NCL § 8515]
NRS 11.140 What constitutes adverse possession under claim of title not founded on written instrument. For the purpose of constituting an adverse possession, by a person claiming title, not founded upon a written instrument, judgment or decree, land shall be deemed to have been possessed and occupied in the following cases only:
1. Where it has been protected by a substantial enclosure.
2. Where it has been usually cultivated or improved.
[1911 CPA § 17; RL § 4959; NCL § 8516]
NRS 11.150 Additional requirements for adverse possession: Occupation continuously for 5 years; payment of taxes. In no case shall adverse possession be considered established unless it be shown, in addition to the requirements of NRS 11.120 or 11.140, that the land has been occupied and claimed for the period of 5 years, continuously, and that the party or persons, their predecessors and grantors have paid all taxes, state, county and municipal, which may have been levied and assessed against the land for the period mentioned, or have tendered payment thereof.
[1911 CPA § 18; A 1937, 26; 1931 NCL § 8517]—(NRS A 1957, 321)
NRS 11.160 Relation of landlord and tenant as affecting adverse possession. Whenever the relation of landlord and tenant shall have existed between any persons, the possession of the tenant shall be deemed the possession of the landlord until the expiration of 5 years from the expiration of the tenancy, or, where there has been no written lease, until the expiration of 5 years from the time of the last payment of rent, notwithstanding that such tenant may have acquired another title, or may have claimed to hold adversely to his landlord. But such presumptions shall not be made after the periods herein limited.
[1911 CPA § 19; RL § 4961; NCL § 8518]
NRS 11.170 Right of possession not affected by descent cast. The right of a person to the possession of any real property shall not be impaired or affected by a descent being cast in consequence of the death of a person in possession of such property.
[1911 CPA § 20; RL § 4962; NCL § 8519]
NRS 11.180 Certain disabilities excluded from time to commence actions. If a person entitled to commence an action for the recovery of real property, or for the recovery of the possession thereof, or to make any entry or defense founded on the title to real property or to rents or services out of the same, be at the time such title shall first descend or accrue, either:
1. Within the age of majority; or
2. Insane; or
3. Imprisoned on a criminal charge, or in execution upon conviction of a criminal offense, for a term less than for life,
the time during which such disability continues is not deemed any portion of the time in this chapter limited for the commencement of such actions, or the making of such entry or defense, but such action may be commenced or entry or defense made, within the period of 2 years after such disability shall cease, or after the death of the person entitled, who shall die under such disability, but such action shall not be commenced, or entry or defense made, after that period.
[1911 CPA § 24; RL § 4966; NCL § 8523]
ACTIONS OTHER THAN FOR THE RECOVERY OF REAL PROPERTY
NRS 11.190 Periods of limitation. Except as otherwise provided in NRS 125B.050 and 217.007, actions other than those for the recovery of real property, unless further limited by specific statute, may only be commenced as follows:
1. Within 6 years:
(a) An action upon a judgment or decree of any court of the United States, or of any state or territory within the United States, or the renewal thereof.
(b) An action upon a contract, obligation or liability founded upon an instrument in writing, except those mentioned in the preceding sections of this chapter.
2. Within 4 years:
(a) An action on an open account for goods, wares and merchandise sold and delivered.
(b) An action for any article charged on an account in a store.
(c) An action upon a contract, obligation or liability not founded upon an instrument in writing.
(d) An action against a person alleged to have committed a deceptive trade practice in violation of NRS 598.0903 to 598.0999, inclusive, but the cause of action shall be deemed to accrue when the aggrieved party discovers, or by the exercise of due diligence should have discovered, the facts constituting the deceptive trade practice.
3. Within 3 years:
(a) An action upon a liability created by statute, other than a penalty or forfeiture.
(b) An action for waste or trespass of real property, but when the waste or trespass is committed by means of underground works upon any mining claim, the cause of action shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the waste or trespass.
(c) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof, but in all cases
Vegas Law
Read this important disclaimer
If you experience unusual problems with this site please email the webmaster.
Copyright: David Matheny, 2005-2008.
|