nt” defined. NRS 40.6884 Attorney required to consult expert; required affidavit of attorney; required report of expert. NRS 40.6885 Effect of compliance with or failure to comply with NRS 40.6884. Miscellaneous Provisions NRS 40.6887 Submission of questions or disputes concerning defects to State Contractors’ Board; regulations. NRS 40.689 Preference given to action; action may be assigned to senior judge; assessment of additional expenses. NRS 40.690 Limitation on bringing claim against governmental entity during period for resolution; effect of settlement; contractor or claimant may require party to appear and participate. NRS 40.692 Notice not required to be given to intervener in action. NRS 40.695 Tolling of statutes of limitation or repose; applicability. MISCELLANEOUS PROVISIONS NRS 40.750 Fraud against financial institution for purpose of obtaining loan secured by lien on real property. NRS 40.760 Summary eviction of person using facility for storage as residence. NRS 40.770 Limitation on liability of seller, seller’s agent and buyer’s agent for failure to disclose certain facts concerning property. _________ GENERAL PROVISIONS 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 CONFLICTING CLAIMS TO REAL PROPERTY 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 him, for the purpose of determining such adverse claim. [1911 CPA § 572; RL § 5514; NCL § 9061] NRS 40.020 Plaintiff not entitled to costs on default judgment or disclaimer. If the defendant in such action disclaim in his answer any interest or estate in the property, or suffer judgment to be taken against him without answer, the plaintiff shall not recover costs. [1911 CPA § 573; RL § 5515; NCL § 9062] NRS 40.030 Plaintiff may recover damages for property withheld where his 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 his right has terminated during the pendency of the action, the verdict and judgment shall be according to the fact, and the plaintiff may recover damages for withholding the property. [1911 CPA § 574; RL § 5516; NCL § 9063] 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 he claims, holding under color of title adversely to the claims of the plaintiff, in good faith, the value of such improvements shall be allowed as a setoff against such damages. [1911 CPA § 575; RL § 5517; NCL § 9064] 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 without a foreclosure and sale. [1911 CPA § 576; RL § 5518; NCL § 9065] 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, before a conveyance. [1911 CPA § 577; RL § 5519; NCL § 9066] 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 his interest, may, after his estate becomes absolute, recover damages for injury to the property by the tenant in possession, after sale and before possession is delivered under the conveyance. [1911 CPA § 578; RL § 5520; NCL § 9067] 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 § 5521; NCL § 9068] 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, by himself, or by himself and his predecessors in interest, has been in the actual, exclusive and adverse possession of such property continuously for more than 15 years prior to the filing of the complaint, claiming to own the same in fee, or by any other freehold estate, against the whole world, and who has by himself or his predecessors in interest, paid all taxes of every kind levied or assessed and due against the property during the period of 5 years next preceding the filing of the complaint, except that where clouds upon title to real property have been created by such person, and the action is brought to remove such clouds, or any of them, such period of actual, exclusive and adverse possession of such property shall be for more than 10 years. The action shall be commenced by the filing of a verified complaint averring the matters above enumerated. 2. The complaint must include as defendants in such action, in addition to such persons as appear of record to have some claim, all other persons who are known, or by the exercise of reasonable diligence could be known, to plaintiff to have some claim to an estate, interest, right, title, lien or cloud in or on the land described in the complaint adverse to plaintiff’s ownership; and the complaint may also include as defendants any and all other persons, unknown, claiming any estate, right, title, interest or lien in such lands, or cloud upon the title of plaintiff thereto; and the plaintiff may describe such unknown defendants in the complaint as follows: “Also all other persons unknown claiming any right, title, estate, lien or interest in the real property described in the complaint adverse to plaintiff’s ownership, or any cloud upon plaintiff’s title thereto.” 3. Within 10 days after the filing of the complaint, plaintiff shall file or cause to be filed in the office of the county recorder of the county where the property is situated, a notice of the pendency of the action containing the matters required by NRS 14.010. [1911 CPA § 580; RL § 5522; NCL § 9069]—(NRS A 1965, 613) 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 Civil Procedure. In addition to other requirements, the summons shall contain a description of the property described in the complaint. In the summons the unknown defendants shall be designated as in the complaint. Service of summons, whether personal or otherwise, shall be effected in the manner prescribed in the Nevada Rules of Civil Procedure; and the times for completion of service and appearance by the defendant shall be as prescribed therein. 2. Within 30 days after the issuance of the summons, the plaintiff shall post or cause to be posted a copy thereof in a conspicuous place, on each separate parcel of the property described in the complaint, and each parcel of the land upon which a copy of the summons is posted shall be deemed to be in the possession of the court for all the purposes of and pending the determination

Vegas Law