Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property
- ACTIONS FOR FORECLOSURE OF REAL MORTGAGES
- ACTIONS FOR NUISANCE, WASTE AND WILLFUL TRESPASS ON REALPROPERTY
- 40.140 - Nuisance defined; action for abatement and damages; exceptions.
- 40.150 - Action for waste; judgment may be for treble damages.
- 40.160 - Action for trespass for cutting or carrying away trees or wood; treble damages.
- 40.170 - Damages in actions for forcible or unlawful entry may be trebled.
- 40.180 - Manner of working mine or mining claim; assessment of damages.
- 40.190 - Continuation of judgment lien.
- 40.200 - Application for order of survey; notice and order; report of survey; costs of and damages caused by survey.
- 40.210 - Order allowing party to survey and measure land in dispute; contents and service of order; liability for unnecessary injury.
- ACTIONS RESULTING FROM CONSTRUCTIONAL DEFECT
- ACTIONS TO DETERMINE CONFLICTING CLAIMS TO REAL PROPERTY
- 40.010 - Actions may be brought against adverse claimants.
- 40.020 - Plaintiff not entitled to costs on default judgment or disclaimer.
- 40.030 - Plaintiff may recover damages for property withheld where plaintiff’s right terminated during pendency of action.
- 40.040 - Value of permanent improvements to be allowed as setoff.
- 40.050 - Mortgage not deemed conveyance.
- 40.060 - Court may enjoin injury to property during foreclosure.
- 40.070 - Damages may be recovered for injury to possession after sale and before delivery.
- 40.080 - Action not to be prejudiced by alienation pending suit.
- 40.090 - Action by person in adverse possession: Verified complaint; defendants; notice of pending litigation.
- 40.100 - Action by person in adverse possession: Issuance, service and posting of summons; rights of unknown persons.
- 40.110 - Court to hear case; must not enter judgment by default; effect of final judgment.
- 40.120 - Remedy is cumulative.
- ENVIRONMENTAL IMPAIRMENT OF REAL COLLATERAL OF SECUREDLENDER
- 40.501 - Definitions.
- 40.502 - “Environmental provision” defined.
- 40.503 - “Environmentally impaired” defined.
- 40.504 - “Hazardous substance” defined.
- 40.505 - “Release” defined.
- 40.506 - “Secured lender” defined.
- 40.507 - Right of entry and inspection of real collateral.
- 40.508 - Action by secured lender concerning environmental provision.
- 40.509 - Limitation on amount of damages recoverable in action concerning environmental provision; recovery of interest.
- 40.511 - Exceptions to applicability of NRS 40.507
- 40.512 - Environmental impairment of real collateral: Waiver of lien; notice of waiver; exception; recording of waiver.
- FORECLOSURE SALES AND DEFICIENCY JUDGMENTS
- 40.451 - “Indebtedness” defined.
- 40.453 - Waiver of rights in documents relating to sale of real property against public policy and unenforceable; exception.
- 40.455 - Deficiency judgment: Award to judgment creditor or beneficiary of deed of trust; exceptions.
- 40.457 - Hearing before award of deficiency judgment; appraisal of property sold.
- 40.459 - Limitations on amount of money judgment.
- 40.462 - Distribution of proceeds of foreclosure sale.
- 40.463 - Agreement for assistance in recovering proceeds of foreclosure sale due to debtor or successor in interest; requirements for enforceable agreement; fee must be reasonable.
- GENERAL PROVISIONS
- MAINTENANCE OF PROPERTY ACQUIRED AT FORECLOSURE SALE
- METHODS OF TERMINATION OF INTERESTS OF DECEASED PERSONS INPROPERTY
- MISCELLANEOUS PROVISIONS
- 40.750 - Fraud against financial institution or other lender for purpose of obtaining loan secured by lien on real property.
- 40.760 - Summary eviction of person using facility for storage as residence.
- 40.770 - Limitation on liability of seller, seller’s agent and buyer’s agent for failure to disclose certain facts concerning property.
- PROCEEDINGS TO ESTABLISH TERMINATION OF LIFE ESTATES
- RIGHTS OF GUARANTOR, SURETY OR OBLIGOR IN REAL PROPERTY
- 40.465 - “Indebtedness” defined.
- 40.475 - Remedy against mortgagor or grantor; assignment of creditor’s rights to guarantor, surety or obligor.
- 40.485 - Interest in proceeds of secured indebtedness upon partial satisfaction of indebtedness.
- 40.495 - Waiver of rights; separate action to enforce obligation; available defenses.
- SUMMARY PROCEEDINGS FOR OBTAINING POSSESSION OF REALPROPERTY, RECREATIONAL VEHICLE OR MOBILE HOME
- 40.215 - Definitions.
- 40.220 - Entry to be made only when legal and in peaceable manner.
- 40.230 - Forcible entry defined.
- 40.240 - Forcible detainer defined.
- 40.250 - Unlawful detainer: Possession after expiration of term.
- 40.251 - Unlawful detainer: Possession of property leased for indefinite time after notice to quit; older or disabled person entitled to extension of period of possession upon request.
- 40.2512 - Unlawful detainer: Possession after default in payment of rent.
- 40.2514 - Unlawful detainer: Assignment or subletting contrary to lease; waste; unlawful business; nuisance; violations of controlled substances laws.
- 40.2516 - Unlawful detainer: Possession after failure to perform conditions of lease; saving lease from forfeiture.
- 40.252 - Unlawful detainer: Contractual provisions void if contrary to specified periods of notice; notice to quit or surrender by colessor is valid unless showing other colessors did not authorize no
- 40.253 - Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant for default in payment of rent.
- 40.254 - Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant from certain types of property.
- 40.255 - Removal of person holding over after 3-day notice to quit; circumstances authorizing removal; exception and additional notice required for occupying tenants and subtenants of property sold as
- 40.260 - Tenant of agricultural lands may hold over if not notified.
- 40.270 - Tenant has similar remedies against subtenant.
- 40.280 - Service of notices to quit; proof required before issuance of order to remove.
- 40.290 - Parties defendant; persons bound by judgment.
- 40.300 - Contents of complaint; issuance and service of summons; temporary writ of restitution; notice, hearing and bond.
- 40.310 - Issue of fact to be tried by jury if proper demand made.
- 40.320 - Proof required of plaintiff and defendant on trial.
- 40.330 - Amendment of complaint to conform to proof; continuance.
- 40.340 - Adjournments.
- 40.350 - Trial not to be adjourned when complainant admits evidence in affidavit would be given.
- 40.360 - Judgment; damages; execution and enforcement.
- 40.370 - Verification of complaint and answer.
- 40.380 - Provisions governing appeals.
- 40.385 - Stay of execution upon appeal; duty of tenant who retains possession of premises to pay rent during stay.
- 40.390 - Appellate court not to dismiss or quash proceedings for want of form.
- 40.400 - Rules of practice.
- 40.420 - Form of writ of restitution; execution.
- 40.425 - Notice of execution on writ of restitution.