reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.180 - Guarantee: Contents; costs.

1. To the extent necessary to grant the relief sought or other appropriate relief, the court shall upon adequate proof ascertain the state of the title to the property to be partitioned pursuant to a report from a title company in which the title company certifies that it has issued a guarantee for the benefit of the plaintiff or the defendant, and which lists the names of:
(a) Each owner of record of the property to be partitioned; and
(b) Each holder of record of a security interest in the property to be partitioned, if the security interest was created by a mortgage or a deed of trust.
2. The cost of the guarantee, with interest thereon from the time the same is subject to the inspection of the respective parties to the action, must be allowed and taxed.
3. As used in this section, "guarantee" means a guarantee of the type filed with the Commissioner of Insurance pursuant to paragraph (e) of subsection 1 of NRS 692A.120.
[1911 CPA § 602; RL § 5544; NCL § 9091]—(NRS A 2021, 1413)
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.190 - Guarantee: Correction.

The guarantee mentioned in NRS 39.180 may be corrected from time to time if found incorrect, under the direction of the court.
[1911 CPA § 603; RL § 5545; NCL § 9092]—(NRS A 2021, 1414)
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.200 - Interest allowed on disbursements.

Whenever during the progress of the action for partition, any disbursements shall have been made under the direction of the court or the judge thereof by a party thereto, interest must be allowed thereon from the time of making such disbursements.
[1911 CPA § 604; RL § 5546; NCL § 9093]
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.210 - Liens on undivided interests of parties are charges only on shares assigned to those parties.

When a lien is on an undivided interest or estate of any of the parties, such lien, if a partition be made, shall thenceforth be a charge only on the share assigned to such party, but such share shall be first charged with its just proportion of the costs of the partition, in preference to such lien.
[1911 CPA § 605; RL § 5547; NCL § 9094]
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.220 - Estate for life or years may be set off in part of property not sold when property not all sold.

When a part of the property only is ordered to be sold, if there be an estate for life or years in an undivided share of the whole property, such estate may be set off in any part of the property not ordered to be sold.
[1911 CPA § 606; RL § 5548; NCL § 9095]
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.230 - Application of proceeds of sale of encumbered property.

The proceeds of the sale of encumbered property must be applied, under the direction of the court, or by the court, as follows:
1. To pay its just proportion of the general costs of the action.
2. To pay the costs of the reference, if any.
3. To satisfy and cancel of record the liens in their order of priority, by payment of the sums due and to become due, the amount due to be verified by affidavit at the time of payment.
4. The residue among the owners of the property sold, according to their respective shares therein.
[1911 CPA § 607; RL § 5549; NCL § 9096]—(NRS A 1985, 772)
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.240 - Lien claimant holding other securities may be required to exhaust them first.

Whenever any party to an action who holds a lien upon the property, or any part thereof, has other securities for the payment of the amount of such lien, the court may, in its discretion, order such securities to be exhausted before a distribution of the proceeds of sale, or may order a just deduction to be made from the amount of the lien on the property on account thereof.
[1911 CPA § 608; RL § 5550; NCL § 9097]
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.250 - Distribution of proceeds of sale upon direction of court.

The proceeds of sale and the securities taken by the master or the court, or any part thereof, must be distributed to the persons entitled thereto, whenever the court so directs. If the court does not direct the master to distribute the proceeds and the securities, the master shall deposit them with the court or as the court directs.
[1911 CPA § 609; RL § 5551; NCL § 9098]—(NRS A 1985, 773)
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.260 - Continuance for determination of claims to proceeds of sales.

When the proceeds of sales of any shares or parcels belonging to persons who are parties to the action, and who are known, are paid into court, the action may be continued as between such parties, for the determination of their respective claims thereto, which shall be ascertained and adjudged by the court. Further testimony may be taken in court, or by a master at the discretion of the court, and the court may, if necessary, require such parties to present the facts or law in controversy, by pleadings, as in an original action.
[1911 CPA § 610; RL § 5552; NCL § 9099]
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.270 - Sales; notice.

1. All sales of real property under this chapter must be made by public auction or by private sale. The sale must be made to the highest bidder, upon notice published in the manner required by subsections 2 and 3. The notice must state terms of sale, and if the property or any part of it is to be sold subject to a prior estate, charge or lien, that must be stated in the notice.
2. Notice of a public auction or a private sale must be posted for 20 consecutive days, in three public places of the township or city in which the property is situated and at the location where the property is to be sold. The notice must also be given by publishing a copy once each week for 3 consecutive weeks in a newspaper of general circulation, if there is one in the county. The cost of publication may not exceed the rate for legal advertising provided in NRS 238.070. If the newspaper neglects or refuses to make the publication, then posting of the notices is sufficient notice.
3. In case of a private sale, the notice must state a place where bids or offers will be received and a day on or after which the sale will be made. The sale must be made within 1 year after that date.
[1911 CPA § 611; RL § 5553; NCL § 9100]—(NRS A 1985, 773)
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.280 - Court must direct terms of sale and credit; investment of purchase money; appointment of master to appraise.

The court shall, in the order for sale, direct the terms of the sale and of any credit which may be allowed for the purchase money of any portion of the premises of which it may direct a sale on credit, and for that portion of which the purchase money is required, by the provisions of this chapter, to be invested for the benefit of unknown owners, infants or parties out of the State. The court may appoint a master to appraise the property before directing the terms of the sale.
[1911 CPA § 612; RL § 5554; NCL § 9101]—(NRS A 1985, 773)
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.290 - Acceptance of securities for purchase money.

The master or the court may take separate mortgages and other securities for the whole or convenient portions of the purchase money, of such parts of the property as are sold on credit, for the shares of any known owner of full age, in the name of the owner, and for the shares of an infant, in the name of the guardian of the infant, and for other shares, in the name of the clerk of the county and the clerk’s successors in office.
[1911 CPA § 613; RL § 5555; NCL § 9102]—(NRS A 1985, 774)
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.300 - Tenant whose estate has been sold is entitled to receive compensation.

The person entitled to a tenancy for life or years, whose estate shall have been sold, shall be entitled to receive such sum as may be deemed a reasonable satisfaction for such estate, and which the person so entitled may consent to accept instead thereof, by an instrument in writing, filed with the clerk of the court. Upon the filing of such consent, the clerk shall enter the same in the minutes of the court.
[1911 CPA § 614; RL § 5556; NCL § 9103]
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.310 - Court may fix compensation for tenant.

If such consent be not given, filed and entered, as provided in NRS 39.300, at the time or before a judgment of sale is rendered, the court shall ascertain and determine what proportion of the proceeds of the sale, after deducting expenses, will be a just and reasonable sum to be allowed on account of such estate, and shall order the same to be paid to such party, or deposited in court for such party, as the case may require.
[1911 CPA § 615; RL § 5557; NCL § 9104]
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.320 - Court must protect unknown tenants.

If the persons entitled to such estate for life or years be unknown, the court shall provide for the protection of their rights in the same manner, as far as may be, as if they were known and had appeared.
[1911 CPA § 616; RL § 5558; NCL § 9105]
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.330 - Court must secure value of future interests.

In all cases of sales, when it appears that any person has a vested or contingent future right or estate in any of the property sold, the court shall ascertain and settle the proportional value of such contingent or vested right or estate, and shall direct such proportion of the sale to be invested, secured or paid over, in such manner as to protect the rights and interests of the parties.
[1911 CPA § 617; RL § 5559; NCL § 9106]
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.340 - Terms and manner of sale must be made known.

In all cases of sales of property, the terms shall be made known at the time; and if the premises consist of distinct farms or lots, they shall be sold separately.
[1911 CPA § 618; RL § 5560; NCL § 9107]
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.350 - Who may not be purchasers.

Neither a master nor any person for the benefit of a master, may be interested in any purchase, nor may a guardian of an infant party be interested in the purchase of any real property which is the subject of the sale, except for the benefit of the infant. All sales contrary to the provisions of this section are void.
[1911 CPA § 619; RL § 5561; NCL § 9108]—(NRS A 1985, 774)
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.360 - Master to make report of sale to court; contents.

After completing a sale of the property, or any part thereof ordered to be sold, the master shall report the sale to the court, with a description of the different parcels of land sold to each purchaser, the name of the purchaser, the price paid or secured, the terms and conditions of the sale, and the securities, if any taken. The report must be filed in the office of the clerk of the county where the property is situated.
[1911 CPA § 620; RL § 5562; NCL § 9109]—(NRS A 1985, 774)
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.370 - Execution of conveyances and taking of securities after sale confirmed.

If the sale is confirmed by the court, an order must be entered directing the master to execute conveyances and take securities pursuant to the sale, which the master is hereby authorized to do. The order may also give directions to the master respecting the disposition of the proceeds of the sale. The court may execute conveyances and take securities pursuant to a sale conducted by the court.
[1911 CPA § 621; RL § 5563; NCL § 9110]—(NRS A 1985, 774)
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.380 - Proceeding if party entitled to share or lienholder becomes purchaser.

When a party entitled to a share of the property, or an encumbrancer entitled to have the encumbrancer’s lien paid out of the sale, becomes a purchaser, the master or the court may take the purchaser’s receipt for so much of the proceeds of the sale as belongs to the purchaser.
[1911 CPA § 622; RL § 5564; NCL § 9111]—(NRS A 1985, 774)
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.390 - Recorded conveyances bar interested persons.

The conveyances shall be recorded in the county where the premises are situated, and shall be a bar against all persons interested in the property in any way who shall have been named as parties in the action, and against all such parties and persons as were unknown if the summons has been served by publication, and against all persons claiming from them or either of them.
[1911 CPA § 623; RL § 5565; NCL § 9112]
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.400 - Proceeds belonging to unknown owner must be invested.

When there are proceeds of a sale belonging to an unknown owner, or to a person without the State, who has no legal representative within it, the same shall be invested in securities or placed at interest for the benefit of the persons entitled thereto.
[1911 CPA § 624; RL § 5566; NCL § 9113]
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.410 - Investment must be made in name of clerk.

When the security of the proceeds of the sale is taken, or when an investment of any such proceeds is made, it shall be done, except as herein otherwise provided, in the name of the clerk of the county where the papers are filed, and the clerk’s successors in office, who shall hold the same for the use and benefit of the parties interested, subject to the order of the court.
[1911 CPA § 625; RL § 5567; NCL § 9114]
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.420 - When interests of parties ascertained, securities must be taken in their names.

When the parties to an action for partition agree upon their interests in the property to be partitioned or their interests have been determined by the court and the property is sold on credit which is secured by the purchasers, the security must be taken in the names of the parties entitled to the security. The security must be delivered to them upon their receipt for it. The agreement of the parties and the receipt must be returned and filed with the clerk.
[1911 CPA § 626; RL § 5568; NCL § 9115]—(NRS A 1985, 774)
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.430 - Duties of clerk concerning investments.

The clerk in whose name a security is taken, or by whom an investment is made, and the clerk’s successors in office, shall receive the interest and principal as it becomes due, and apply and invest the same as the court may direct, and shall file in the clerk’s office all securities taken, and keep an account in a book provided and kept for that purpose in the clerk’s office, free for inspection by all persons, of investments and moneys received by the clerk thereon, and the disposition thereof.
[1911 CPA § 627; RL § 5569; NCL § 9116]
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.440 - When unequal partition is ordered, compensation to be made on account of inequality.

When it appears that partition cannot be made equal between the parties, according to their respective rights, without prejudice to the rights and interest of some of them, and a partition be ordered by judgment, the court may adjudge compensation to be made by one party to another, on account of the inequality of partition; but such compensation shall not be required to be made to others by owners unknown, nor by infants, unless in case of an infant it appears that the infant has personal property sufficient for that purpose, and that the infant’s interests will be promoted thereby.
[1911 CPA § 628; RL § 5570; NCL § 9117]
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.450 - Share of infant paid to guardian.

When the share of an infant is sold, the proceeds of the sale may be paid by the master making the sale to the infant’s general guardian or the special guardian appointed for the infant in the action, upon giving the security required by law or directed by order of the court.
[1911 CPA § 629; RL § 5571; NCL § 9118]
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.460 - Share of insane person to be received by guardian.

The guardian who may be entitled to the custody and management of the estate of an insane person, or other person adjudged incapable of conducting the person’s own affairs, whose interest in real property shall have been sold, may receive, in behalf of such person, the person’s share of the proceeds of such real property, from the master, on executing with sufficient sureties an undertaking approved by a judge of the court, that the guardian will faithfully discharge the trust imposed in the guardian, and will render a true and just account to the person entitled, or to the person’s legal representatives.
[1911 CPA § 630; RL § 5572; NCL § 9119]
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.470 - Guardian may consent to partition without action and execute releases.

The general guardian of an infant and the guardian entitled to the custody and management of the estate of an insane person or other person adjudged incapable of conducting the person’s own affairs, who is interested in real estate held in joint tenancy or in common, or in any other manner, so as to authorize the guardian of such infant or person being made a party to an action for the partition thereof, may consent to a partition without action, and agree upon the share to be set off to such infant or other person entitled, and may execute a release in the infant’s or person’s behalf to the owners of the shares of the parts to which they may be respectively entitled, upon an order of the court.
[1911 CPA § 631; RL § 5573; NCL § 9120]
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.480 - Cost of partition is lien upon several shares.

The costs of partition, fees of the master and other disbursements and also, in the discretion of the court, reasonable counsel fees expended by the parties for the common benefit, must be paid by the parties respectively entitled to share in the lands divided, in proportion to their respective interests therein, and may be included and specified in the judgment. If the costs and fees are included in the judgment, there is a lien on the several shares, and the judgment may be enforced by execution against the shares and against other property held by the respective parties. When litigation arises between some of the parties only, the court may require the expenses of the litigation to be paid by the parties to the litigation or any of them.
[1911 CPA § 632; A 1921, 106; NCL § 9121]—(NRS A 1985, 775)
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.490 - Court may appoint numerous masters upon request.

The court may appoint three masters upon request of the parties instead of a single master, in the proceedings under the provisions of this chapter. The three masters have all the powers and must perform all the duties required of the single master.
[1911 CPA § 633; RL § 5575; NCL § 9122]—(NRS A 1985, 775)
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.500 - Court may order master to divide mining claims.

When the action is for partition of a mining claim among the tenants in common, joint tenants, coparceners or partners thereof, the court, upon good cause shown by any party or parties in interest, may, instead of ordering partition to be made in the manner provided in NRS 39.010 to 39.390, inclusive, or ordering a sale of the premises for cash, direct the master to divide the claim in the manner specified in NRS 39.510 to 39.570, inclusive.
[1911 CPA § 634; RL § 5576; NCL § 9123]—(NRS A 1985, 775)
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.510 - Time ordered for division.

The court shall, in its order, or by a subsequent order made upon motion, fix the time for division of the claim by the master, which may not be less than 20 nor more than 40 days from the day of making the order, except by consent of all the parties in interest who have appeared in the action.
[1911 CPA § 635; RL § 5577; NCL § 9124]—(NRS A 1985, 775)
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.520 - Division of claim.

On the day designated in the order, the master shall go upon the claim to be divided, and proceed to make division of the claim as provided in NRS 39.530 to 39.570, inclusive, and shall continue from day to day until the whole business is completed.
[1911 CPA § 636; RL § 5578; NCL § 9125]—(NRS A 1985, 775)
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.530 - Parties may unite for purposes of division; order of court to govern.

Two or more of the tenants in common, joint tenants, copartners or parceners may unite together for the purposes of the division, of which they must give the master written notice before the master commences the business of division. All who do not unite or give notice of separate action, shall, for the purposes of division, be deemed to have united. The master shall recognize those named in the order of the court, or their agents and attorneys-in-fact, the guardian of an infant, and the guardian entitled to the custody and management of the estate of an insane person or other person adjudged incapable of conducting the person’s own affairs, and as to the interest of each, the master must be controlled entirely by the order of the court.
[1911 CPA § 637; RL § 5579; NCL § 9126]—(NRS A 1985, 775)
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.540 - Portions sold at auction; master to mark off portions sold.

At the time and place of division, the master shall, in the manner of public auction, offer to the party or parties who will take the least part or portion of the mining claim in proportion to the interest that the party or parties may have therein, the privilege of first selecting the place at which the party’s or parties’ portion will be located, and upon closing the bids the master shall proceed to measure and mark off, by distinct metes and bounds, to the lowest bidder, the lowest bidder’s portion of the mining claim, at the place designated by the lowest bidder, according to the terms of the bid.
[1911 CPA § 638; RL § 5580; NCL § 9127]—(NRS A 1985, 776)
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.550 - Remaining parties have privilege of selection; interests marked off.

When the master has marked off and set apart the interest of the lowest bidder, as provided in NRS 39.540, the master shall offer to the remaining parties the privilege of selection, and shall, upon closing the bids, proceed in the same manner to locate and mark off the portion of the lowest bidder, and shall thereafter continue in the same manner to receive bids and mark off the interest of the bidder or bidders until there remains but one party in interest, or parties united, forming one interest, as provided in NRS 39.530. The party or parties remaining become the owner or owners, as the case may be, of the entire claim not marked off and set apart to the other parties, in proportion to their respective interests in the claim.
[1911 CPA § 639; RL § 5581; NCL § 9128]—(NRS A 1985, 776)
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.560 - Master to return evidences of authority with master’s report.

The master shall return with the report required by NRS 39.140 the evidences of authority presented to the master by persons other than the parties mentioned in the order of the court by which they claim the right to bid, or otherwise act, during the proceedings.
[1911 CPA § 640; RL § 5582; NCL § 9129]—(NRS A 1985, 776)
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.570 - Expenses of master and others apportioned among parties.

The expenses of the master and those of a surveyor and the surveyor’s assistant, when employed, must be ascertained and allowed by the court, and the amount thereof, together with the fees allowed by law to the master, must be apportioned among the different parties to the action.
[1911 CPA § 641; RL § 5583; NCL § 9130]—(NRS A 1985, 776)
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.605 - Definitions.

As used in NRS 39.600 to 39.705, inclusive, unless the context otherwise requires, the words and terms defined in NRS 39.610 to 39.650, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2011, 310)
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.625 - "Determination of value" defined.

"Determination of value" means an order of a court determining the fair market value of heirs property under NRS 39.670 or 39.690 or adopting the valuation of the property agreed to by all cotenants.
(Added to NRS by 2011, 310)
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › 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 the property.
2. One or more of the cotenants acquired title from a relative, whether living or deceased.
3. Any of the following applies:
(a) Twenty percent or more of the interests are held by cotenants who are relatives;
(b) Twenty percent or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or
(c) Twenty percent or more of the cotenants are relatives.
(Added to NRS by 2011, 310)
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › 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)
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › 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 partitioned under NRS 39.600 to 39.705, inclusive, unless all the cotenants agree otherwise in a record.
2. NRS 39.600 to 39.705, inclusive, supplement the provisions of NRS 39.010 to 39.490, inclusive, and, if an action is governed by NRS 39.600 to 39.705, inclusive, replace provisions of NRS 39.010 to 39.490, inclusive, that are inconsistent with NRS 39.600 to 39.705, inclusive.
(Added to NRS by 2011, 310)
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › 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 pursuant to NRS 39.060 and the court determines that the property may be heirs property, the plaintiff, not later than 10 days after the court’s determination, shall post, and maintain while the action is pending, a conspicuous sign on the property that is the subject of the action. The sign must state that the action has commenced and identify the name and address of the court and the common designation by which the property is known. The court may require the plaintiff to publish on the sign the name of the plaintiff and the known defendants.
(Added to NRS by 2011, 310)
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › 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, impartial and neither a party to nor a participant in the action.
(Added to NRS by 2011, 311)
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › 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 appraisal pursuant to subsection 4.
2. If all cotenants have agreed to the value of the property or to another method of valuation, the court shall adopt that value or the value produced by the agreed method of valuation.
3. If the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court, after an evidentiary hearing, shall determine the fair market value of the property and send notice to the parties of the value.
4. If the court orders an appraisal, the court shall appoint a disinterested real estate appraiser licensed in this State to determine the fair market value of the property assuming sole ownership of the fee simple estate. On completion of the appraisal, the appraiser shall file a sworn or verified appraisal with the court.
5. If an appraisal is conducted pursuant to subsection 4, not later than 10 days after the appraisal is filed, the court shall send notice to each party with a known address, stating:
(a) The appraised fair market value of the property;
(b) That the appraisal is available at the clerk of the court’s office; and
(c) That a party may object to the appraisal not later than 30 days after the notice is sent, stating the grounds for the objection.
6. If an appraisal is filed with the court pursuant to subsection 4, the court shall conduct a hearing to determine the fair market value of the property not earlier than 30 days after a copy of the notice of appraisal is sent to each party under subsection 5, whether or not an objection to the appraisal is filed under paragraph (c) of subsection 5. In addition to the court-ordered appraisal, the court may consider any other evidence of value that is offered by a party.
7. After the hearing under subsection 6, but before considering the merits of the partition action, the court shall determine the fair market value of the property and send notice to the parties of the value.
(Added to NRS by 2011, 311)
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › 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, the court shall order partition in kind unless the court, after consideration of the factors listed in NRS 39.685, finds that partition in kind will result in great prejudice to the cotenants as a group. In considering whether to order partition in kind, the court shall approve a request by two or more parties to have their individual interests aggregated.
2. If the court does not order partition in kind under subsection 1, the court shall order partition by sale pursuant to NRS 39.690 or, if no cotenant requested partition by sale, the court shall dismiss the action.
3. If the court orders partition in kind pursuant to subsection 1, the court may require that one or more cotenants pay one or more other cotenants amounts so that the payments, taken together with the value of the in-kind distributions to the cotenants, will make the partition in kind just and proportionate in value to the fractional interests held.
4. If the court orders partition in kind, the court shall allocate to the cotenants that are unknown, unlocatable or are the subject of a default judgment, if their interests were not bought out pursuant to NRS 39.675, a part of the property representing the combined interests of these cotenants as determined by the court and this part of the property shall remain undivided.
(Added to NRS by 2011, 313)
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › 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 divided among the cotenants;
(b) Whether partition in kind would apportion the property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if it were sold as a whole, taking into account the condition under which the court-ordered sale likely would occur;
(c) Evidence of the collective duration of ownership or possession of the property by a cotenant and one or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of that cotenant or each other;
(d) A cotenant’s sentimental attachment to the property, including, without limitation, any attachment arising because the property has ancestral or other unique or special value to the cotenant;
(e) The lawful use being made of the property by a cotenant and the degree to which the cotenant would be harmed if the cotenant could not continue the same use of the property;
(f) The degree to which the cotenants have contributed their pro rata share of the property taxes, insurance and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance or upkeep of the property; and
(g) Any other relevant factor.
2. The court may not consider any one factor in subsection 1 to be dispositive without weighing the totality of all relevant factors and circumstances.
(Added to NRS by 2011, 314)
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › 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 the cotenants as a group.
2. If the court orders an open-market sale and the parties, not later than 10 days after the entry of the order, agree on a real estate broker licensed in this State to offer the property for sale, the court shall appoint that broker and establish a reasonable commission. If the parties do not agree on a broker, the court shall appoint a disinterested real estate broker licensed in this State to offer the property for sale and shall establish a reasonable commission. The broker shall offer the property for sale in a commercially reasonable manner at a price not lower than the determination of value and on the terms and conditions established by the court.
3. If the broker appointed under subsection 2 obtains within a reasonable time an offer to purchase the property for at least the determination of value:
(a) The broker shall comply with the reporting requirements set forth in NRS 39.695; and
(b) The sale may be completed in accordance with state law other than NRS 39.600 to 39.705, inclusive.
4. If the broker appointed under subsection 2 does not obtain within a reasonable time an offer to purchase the property for at least the determination of value, the court, after hearing, may:
(a) Approve the highest outstanding offer, if any;
(b) Redetermine the value of the property and order that the property continue to be offered for an additional time; or
(c) Order that the property be sold by sealed bids or at an auction.
5. If the court orders a sale by sealed bids or an auction, the court shall set terms and conditions of the sale. If the court orders an auction, the auction must be conducted under the provisions of NRS 39.010 to 39.490, inclusive.
6. If a purchaser is entitled to a share of the proceeds of the sale, the purchaser is entitled to a credit against the price in an amount equal to the purchaser’s share of the proceeds.
(Added to NRS by 2011, 314)
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › 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 an offer to purchase the property for at least the value determined under NRS 39.670 or 39.690.
2. The report required by subsection 1 must contain the following information:
(a) A description of the property to be sold to each buyer;
(b) The name of each buyer;
(c) The proposed purchase price;
(d) The terms and conditions of the proposed sale, including, without limitation, the terms of any owner financing;
(e) The amounts to be paid to lienholders;
(f) A statement of contractual or other arrangements or conditions of the broker’s commission; and
(g) Other material facts relevant to the sale.
(Added to NRS by 2011, 315)
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › 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 section 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. § 7003(b).
(Added to NRS by 2011, 315)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › 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 tribal government.
(Added to NRS by 2019, 3176)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning 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 the person bringing the action, for the purpose of determining such adverse claim.
[1911 CPA § 572; RL § 5514; NCL § 9061]
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › 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 recover costs.
[1911 CPA § 573; RL § 5515; NCL § 9062]
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › 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 plaintiff’s 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]
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › 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 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]
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › 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 32.370, inclusive, NRS 107.100 or chapter 107A of NRS.
[1911 CPA § 576; RL § 5518; NCL § 9065]—(NRS A 2019, 1372)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › 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]
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › 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 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]
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › 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]
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › 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 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, personally or through the person’s 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 each county where the property, or any part thereof, 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; 2023, 600)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › 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 of the action. All such unknown persons so served shall have the same rights as are provided by law in cases of all other defendants named, upon whom service is made by publication or personally, and the action shall proceed against such unknown persons in the same manner as against the defendants who are named, upon whom service is made by publication or personally, and with like effect; and any such unknown person who has or claims to have any right, title, estate, lien or interest in the property, or cloud on the title thereto, adverse to plaintiff, at the time of the commencement of the action, who has been duly served as aforesaid, and anyone claiming title under the unknown person shall be concluded by the judgment in such action as effectually as if the action had been brought against the person by his or her name and personal service of process obtained, notwithstanding any such unknown person may be under legal disability.
[1911 CPA § 581; A 1937, 23; 1955, 466]