2005 Nevada Revised Statutes - Chapter 39 — Partition of Real Property and Mining Claims

CHAPTER 39 - PARTITION OF REAL PROPERTY ANDMINING CLAIMS

REAL PROPERTY

NRS 39.010 Actionsfor partition of real property; partial partition.

NRS 39.020 Interestsof all parties must be set forth in complaint.

NRS 39.030 Lienholdersnot of record need not be made parties.

NRS 39.040 Plaintiffmust record notice of pending litigation immediately after complaint is filed.

NRS 39.050 Summonsmust be directed to all parties interested in property.

NRS 39.060 Unknownand absent parties may be served by publication of summons; appointment ofcounsel to represent their interests.

NRS 39.070 Contentsof answers.

NRS 39.080 Rightsof several parties may be determined; proof of title; consideration of rightsof unknown parties.

NRS 39.100 Lienholdersmust be made parties or master appointed.

NRS 39.110 Lienholdersmust be notified to appear before master.

NRS 39.120 Courtmay order sale or partition.

NRS 39.130 Partitionin accordance with rights of parties.

NRS 39.140 Reportof masters proceedings regarding partition.

NRS 39.150 Courtmay confirm or modify masters report or appoint new master; conclusivejudgment.

NRS 39.160 Judgmentnot to affect tenants for years to whole property.

NRS 39.170 Apportionmentof expenses.

NRS 39.180 Abstractof title; costs, inspection and custody.

NRS 39.190 Makingand verification of abstract.

NRS 39.200 Interestallowed on disbursements.

NRS 39.210 Lienson undivided interests of parties are charges only on shares assigned to thoseparties.

NRS 39.220 Estatefor life or years may be set off in part of property not sold when property notall sold.

NRS 39.230 Applicationof proceeds of sale of encumbered property.

NRS 39.240 Lienclaimant holding other securities may be required to exhaust them first.

NRS 39.250 Distributionof proceeds of sale upon direction of court.

NRS 39.260 Continuancefor determination of claims to proceeds of sales.

NRS 39.270 Sales;notice.

NRS 39.280 Courtmust direct terms of sale and credit; investment of purchase money; appointmentof master to appraise.

NRS 39.290 Acceptanceof securities for purchase money.

NRS 39.300 Tenantwhose estate has been sold is entitled to receive compensation.

NRS 39.310 Courtmay fix compensation for tenant.

NRS 39.320 Courtmust protect unknown tenants.

NRS 39.330 Courtmust secure value of future interests.

NRS 39.340 Termsand manner of sale must be made known.

NRS 39.350 Whomay not be purchasers.

NRS 39.360 Masterto make report of sale to court; contents.

NRS 39.370 Executionof conveyances and taking of securities after sale confirmed.

NRS 39.380 Proceedingif party entitled to share or lienholder becomes purchaser.

NRS 39.390 Recordedconveyances bar interested persons.

NRS 39.400 Proceedsbelonging to unknown owner must be invested.

NRS 39.410 Investmentmust be made in name of clerk.

NRS 39.420 Wheninterests of parties ascertained, securities must be taken in their names.

NRS 39.430 Dutiesof clerk concerning investments.

NRS 39.440 Whenunequal partition is ordered, compensation to be made on account of inequality.

NRS 39.450 Shareof infant paid to guardian.

NRS 39.460 Shareof insane person to be received by guardian.

NRS 39.470 Guardianmay consent to partition without action and execute releases.

NRS 39.480 Costof partition is lien upon several shares.

NRS 39.490 Courtmay appoint numerous masters upon request.

MINING CLAIMS

NRS 39.500 Courtmay order master to divide mining claims.

NRS 39.510 Timeordered for division.

NRS 39.520 Divisionof claim.

NRS 39.530 Partiesmay unite for purposes of division; order of court to govern.

NRS 39.540 Portionssold at auction; master to mark off portions sold.

NRS 39.550 Remainingparties have privilege of selection; interests marked off.

NRS 39.560 Masterto return evidences of authority with his report.

NRS 39.570 Expensesof master and others apportioned among parties.

_________

REAL PROPERTY

NRS 39.010 Actionsfor partition of real property; partial partition. Whenseveral persons hold and are in possession of real property as joint tenants oras tenants in common, in which one or more of them have an estate ofinheritance, or for life or lives, or for years, an action may be brought byone or more of such persons for a partial partition thereof according to therespective rights of the persons interested therein, and for a sale of suchproperty or a part of it, if a partition cannot be made without great prejudiceto the owners or if the owners consent to a sale. Whenever from any cause itis, in the opinion of the court, impracticable or highly inconvenient to make acomplete partition, in the first instance, among all the parties in interest, thecourt may first ascertain and determine the shares or interest respectivelyheld by the original cotenants, and thereupon cause a partition to be made, asif the original cotenants were the only parties to the action and thereaftermay proceed to adjudge and make partition separately of each share or portionso ascertained and allotted as between those claiming under the original tenantto whom the property has been set apart, or may allow them to remain tenants incommon thereof, as they may desire.

[1911 CPA 585; RL 5527; NCL 9074](NRS A 1985,771)

NRS 39.020 Interestsof all parties must be set forth in complaint. Theinterests of all persons in the property, whether such persons be known orunknown, shall be set forth in the complaint specifically and particularly, asfar as known to the plaintiff; and if one or more of the parties, or the shareor quantity of interest of any of the parties, be unknown to the plaintiff, orbe uncertain or contingent, or the ownership of the inheritance depend upon anexecutory devise, or the remainder be a contingent remainder, so that suchparties cannot be named, that fact shall be set forth in the complaint.

[1911 CPA 586; RL 5528; NCL 9075]

NRS 39.030 Lienholdersnot of record need not be made parties. Personswho have or claim any liens upon the property by mortgage, judgment orotherwise, need be made parties to the action, unless such liens be matters ofrecord.

[1911 CPA 587; RL 5529; NCL 9076]

NRS 39.040 Plaintiffmust record notice of pending litigation immediately after complaint is filed. Immediately after filing the complaint, the plaintiffshall record with the recorder of the county in which the property is situated,a notice of the pendency of the action, containing the names of the parties sofar as known, the object of the action and a description of the property to beaffected thereby. From the time of the recording of the notice, except asotherwise provided in NRS 14.017, itshall be deemed notice to all persons.

[1911 CPA 588; RL 5530; NCL 9077](NRS A 1987,639; 2001, 1750; 2003, 75)

NRS 39.050 Summonsmust be directed to all parties interested in property. The summons shall be directed to all the joint tenants andtenants in common, and all persons having any interest in, or any liens ofrecord by mortgage, judgment or otherwise upon the property, or upon anyparticular portion thereof; and generally to all persons unknown who have orclaim any interest in the property.

[1911 CPA 589; RL 5531; NCL 9078]

NRS 39.060 Unknownand absent parties may be served by publication of summons; appointment ofcounsel to represent their interests.

1. If a party having a share or interest is unknown orany one of the known parties reside out of the State or cannot be found, andthis fact is made to appear by affidavit, the summons may be served on theabsent or unknown party by publication, as in other cases. When publication ismade, the summons as published must be accompanied by a brief description ofthe property which is the subject of the action.

2. The court may appoint an attorney to represent anabsent or unknown party.

[1911 CPA 590; RL 5532; NCL 9079](NRS A 1985,771)

NRS 39.070 Contentsof answers. The defendants who have been personallyserved with the summons and a copy of the complaint shall set forth in their answers,fully and particularly, the nature and extent of their interest in theproperty, and if such defendants claim a lien upon the property by mortgage,judgment or otherwise, they shall state its amount and date, the amountremaining due thereon, whether the amount has been secured in any other way ornot and, if secured, the extent and nature of the security, or they shall bedeemed to have waived their rights to the lien.

[1911 CPA 591; RL 5533; NCL 9080](NRS A 1985,115)

NRS 39.080 Rightsof several parties may be determined; proof of title; consideration of rightsof unknown parties. The rights of the severalparties, plaintiffs as well as defendants, may be put to issue, tried anddetermined by such action; and when a sale of the premises is necessary, thetitle shall be ascertained by proof to the satisfaction of the court, beforethe judgment of sale shall be made; and where service of the complaint has beenmade by publication, like proof shall be required of the right of the absent orunknown parties before such judgment is rendered; except that where there areseveral unknown persons having an interest in the property, their rights may beconsidered together in the action, and not as between themselves.

[1911 CPA 592; RL 5534; NCL 9081]

NRS 39.100 Lienholdersmust be made parties or master appointed. Ifit shall appear to the court by the certificate of the county recorder orcounty clerk, or by the sworn or verified statement of any person who may haveexamined or searched the records that there are outstanding liens orencumbrances of record upon such real property, or any part thereof, whichexisted and were of record at the time of the commencement of the action, andthe persons holding such liens are not made parties to the action, the courtshall either order such persons to be made parties to the action, by anamendment or supplemental complaint, or appoint a master to ascertain whetheror not such liens or encumbrances have been paid, or if not paid what amountremains due thereon, and their order among the liens or encumbrances severallyheld by the persons and the parties to the action, and whether the amountremaining due thereon has been secured in any manner, and if secured the natureand extent of the security.

[1911 CPA 594; RL 5536; NCL 9083]

NRS 39.110 Lienholdersmust be notified to appear before master. Theplaintiff shall cause a notice to be served a reasonable time previous to theday for appearance before the master appointed, as provided in NRS 39.100, on each person havingoutstanding liens of record who is not a party to the action, to appear beforethe master at a specified time and place, to make proof, by his own affidavitor otherwise, of the true amount due or to become due, contingently orabsolutely thereon. In case such person be absent, or his residence be unknown,service may be made by publication of notice to his agents, under the directionof the court, in such manner as may be proper. The report of the master thereonshall be made to the court, and shall be confirmed, modified or set aside and anew reference ordered, as the justice of the case may require.

[1911 CPA 595; RL 5537; NCL 9084]

NRS 39.120 Courtmay order sale or partition. If the evidenceestablishes to the satisfaction of the court that the property, or any part ofit, is so situated that partition cannot be made without great prejudice to theowners or if the owners consent, the court may order a sale thereof. Otherwise,upon the requisite proofs being made, it shall order a partition according tothe respective rights of the parties, as ascertained by the court, and mayappoint a master to partition the property. The court shall designate theportion of the property to remain undivided for the owners whose interestsremain unknown, or are not ascertained.

[1911 CPA 596; RL 5538; NCL 9085](NRS A 1985,771)

NRS 39.130 Partitionin accordance with rights of parties. Inmaking the partition, the master or the court shall divide the property andallot the several portions thereof to the respective parties, quality andquantity relatively considered, according to the respective rights of theparties, as determined by the court, designating the several portions by properlandmarks, and may employ a surveyor with the necessary assistants to aid inthe division.

[1911 CPA 597; RL 5539; NCL 9086](NRS A 1985,772)

NRS 39.140 Reportof masters proceedings regarding partition. Themaster shall make a report of the proceedings, specifying therein the manner ofexecuting his trust, describing the property divided and the shares allotted toeach party, with a particular description of each share.

[1911 CPA 598; RL 5540; NCL 9087](NRS A 1985,772)

NRS 39.150 Courtmay confirm or modify masters report or appoint new master; conclusivejudgment.

1. The court may confirm, change, modify or set asidethe report, and, if necessary, appoint a new master.

2. Upon the report being confirmed, or upon partitionby the court, the court shall enter a judgment of partition. The judgment isbinding and conclusive:

(a) On all persons named as parties to the action, andtheir legal representatives, who have at the time any interest in the propertydivided, or any part thereof, as owners in fee or as tenants for life or foryears, or as entitled to the reversion, remainder or the inheritance of theproperty, or of any part thereof, after the determination of a particularestate therein, and who by any contingency may be entitled to a beneficialinterest in the property, or who have an interest in any undivided share astenants for years or for life;

(b) On all persons interested in the property who maybe unknown, to whom notice has been given of the action for partition bypublication; and

(c) On all other persons claiming from any such partiesor persons.

3. No judgment is invalidated by reason of the deathof any party, after filing of the report of the master and before finaljudgment or decree. The judgment or decree is as conclusive against the heirs,legal representatives or assigns of the decedent as if it had been enteredbefore his death.

[1911 CPA 599; RL 5541; NCL 9088](NRS A 1985,772)

NRS 39.160 Judgmentnot to affect tenants for years to whole property. Suchjudgment and partition shall not affect tenants for years less than 10 to thewhole of the property which is the subject of the partition.

[1911 CPA 600; RL 5542; NCL 9089]

NRS 39.170 Apportionmentof expenses. If it appear that other actionsor proceedings have been necessarily prosecuted or defended by any one of thetenants in common for the protection, confirmation or perfecting of the title,or setting the boundaries, or making a survey or surveys of the estatepartitioned, the court shall allow to the parties to the action, who have paidthe expenses of such litigation or other proceedings, all the expensesnecessarily incurred therein, except counsel fees, which shall have accrued tothe common benefit of the other tenants in common, with interest thereon fromthe date of making the expenditures, and in the same kind of money expended orpaid, and the same must be pleaded and allowed by the court, and included inthe final judgment, and shall be a lien upon the share of each tenantrespectively, in proportion to his interest, and shall be enforced in the samemanner as taxable costs of partition are taxed and collected.

[1911 CPA 601; RL 5543; NCL 9090]

NRS 39.180 Abstractof title; costs, inspection and custody. If itappears to the court that it was necessary to have made an abstract of thetitle to the property to be partitioned, and such abstract shall have beenprocured by the plaintiff, or if the plaintiff shall have failed to have thesame made before the commencement of the action, and any one of the defendantsshall have had such abstract afterward made, the cost of the abstract, withinterest thereon from the time the same is subject to the inspection of therespective parties to the action, must be allowed and taxed. Whenever suchabstract is procured by the plaintiff, before the commencement of the action,he must file with his complaint a notice that an abstract of the title has beenmade, and is subject to the inspection and use of all the parties to theaction, designating therein where the abstract will be kept for inspection. Butif the plaintiff shall have failed to procure such abstract before commencingthe action, and any defendant shall procure the same to be made, he shall, assoon as he has directed it to be made, file a notice thereof in the action withthe clerk of the court, stating who is making the same, and where it will bekept when finished. The court, or the judge thereof, may direct from time totime during the progress of the action, who shall have the custody of theabstract.

[1911 CPA 602; RL 5544; NCL 9091]

NRS 39.190 Makingand verification of abstract. The abstractmentioned in NRS 39.180 may be made byany competent searcher of records, and need not be certified by the recorder orother officer, but instead thereof it must be verified by the affidavit of theperson making it, to the effect that he believes it to be correct; but the samemay be corrected from time to time if found incorrect, under the direction ofthe court.

[1911 CPA 603; RL 5545; NCL 9092]

NRS 39.200 Interestallowed on disbursements. Whenever during theprogress of the action for partition, any disbursements shall have been madeunder 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]

NRS 39.210 Lienson undivided interests of parties are charges only on shares assigned to thoseparties. When a lien is on an undividedinterest 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, butsuch share shall be first charged with its just proportion of the costs of thepartition, in preference to such lien.

[1911 CPA 605; RL 5547; NCL 9094]

NRS 39.220 Estatefor life or years may be set off in part of property not sold when property notall sold. When a part of the property only isordered to be sold, if there be an estate for life or years in an undividedshare of the whole property, such estate may be set off in any part of theproperty not ordered to be sold.

[1911 CPA 606; RL 5548; NCL 9095]

NRS 39.230 Applicationof proceeds of sale of encumbered property. Theproceeds of the sale of encumbered property must be applied, under thedirection of the court, or by the court, as follows:

1. To pay its just proportion of the general costs ofthe action.

2. To pay the costs of the reference, if any.

3. To satisfy and cancel of record the liens in theirorder of priority, by payment of the sums due and to become due, the amount dueto 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)

NRS 39.240 Lienclaimant holding other securities may be required to exhaust them first. Whenever any party to an action who holds a lien upon theproperty, or any part thereof, has other securities for the payment of theamount of such lien, the court may, in its discretion, order such securities tobe exhausted before a distribution of the proceeds of sale, or may order a justdeduction to be made from the amount of the lien on the property on accountthereof.

[1911 CPA 608; RL 5550; NCL 9097]

NRS 39.250 Distributionof proceeds of sale upon direction of court. Theproceeds of sale and the securities taken by the master or the court, or anypart thereof, must be distributed to the persons entitled thereto, whenever thecourt so directs. If the court does not direct the master to distribute theproceeds and the securities, the master shall deposit them with the court or asthe court directs.

[1911 CPA 609; RL 5551; NCL 9098](NRS A 1985,773)

NRS 39.260 Continuancefor determination of claims to proceeds of sales. Whenthe proceeds of sales of any shares or parcels belonging to persons who areparties to the action, and who are known, are paid into court, the action maybe continued as between such parties, for the determination of their respectiveclaims thereto, which shall be ascertained and adjudged by the court. Furthertestimony 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 orlaw in controversy, by pleadings, as in an original action.

[1911 CPA 610; RL 5552; NCL 9099]

NRS 39.270 Sales;notice.

1. All sales of real property under this chapter mustbe made by public auction or by private sale. The sale must be made to thehighest bidder, upon notice published in the manner required by subsections 2and 3. The notice must state terms of sale, and if the property or any part ofit is to be sold subject to a prior estate, charge or lien, that must be statedin the notice.

2. Notice of a public auction or a private sale mustbe posted for 20 consecutive days, in three public places of the township orcity in which the property is situated and at the location where the propertyis to be sold. The notice must also be given by publishing a copy once eachweek for 3 consecutive weeks in a newspaper of general circulation, if there isone in the county. The cost of publication may not exceed the rate for legaladvertising provided in NRS 238.070. Ifthe newspaper neglects or refuses to make the publication, then posting of thenotices is sufficient notice.

3. In case of a private sale, the notice must state aplace where bids or offers will be received and a day on or after which thesale 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)

NRS 39.280 Courtmust direct terms of sale and credit; investment of purchase money; appointmentof master to appraise. The court shall, in theorder for sale, direct the terms of the sale and of any credit which may beallowed for the purchase money of any portion of the premises of which it maydirect a sale on credit, and for that portion of which the purchase money isrequired, by the provisions of this chapter, to be invested for the benefit ofunknown owners, infants or parties out of the State. The court may appoint amaster to appraise the property before directing the terms of the sale.

[1911 CPA 612; RL 5554; NCL 9101](NRS A 1985,773)

NRS 39.290 Acceptanceof securities for purchase money. The masteror the court may take separate mortgages and other securities for the whole orconvenient portions of the purchase money, of such parts of the property as aresold on credit, for the shares of any known owner of full age, in the name ofthe owner, and for the shares of an infant, in the name of the guardian of theinfant, and for other shares, in the name of the clerk of the county and hissuccessors in office.

[1911 CPA 613; RL 5555; NCL 9102](NRS A 1985,774)

NRS 39.300 Tenantwhose estate has been sold is entitled to receive compensation. The person entitled to a tenancy for life or years, whoseestate shall have been sold, shall be entitled to receive such sum as may bedeemed a reasonable satisfaction for such estate, and which the person soentitled 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 clerkshall enter the same in the minutes of the court.

[1911 CPA 614; RL 5556; NCL 9103]

NRS 39.310 Courtmay fix compensation for tenant. If suchconsent be not given, filed and entered, as provided in NRS 39.300, at the time or before ajudgment of sale is rendered, the court shall ascertain and determine whatproportion of the proceeds of the sale, after deducting expenses, will be ajust and reasonable sum to be allowed on account of such estate, and shallorder the same to be paid to such party, or deposited in court for him, as thecase may require.

[1911 CPA 615; RL 5557; NCL 9104]

NRS 39.320 Courtmust protect unknown tenants. If the personsentitled to such estate for life or years be unknown, the court shall providefor the protection of their rights in the same manner, as far as may be, as ifthey were known and had appeared.

[1911 CPA 616; RL 5558; NCL 9105]

NRS 39.330 Courtmust secure value of future interests. In allcases of sales, when it appears that any person has a vested or contingentfuture right or estate in any of the property sold, the court shall ascertain andsettle the proportional value of such contingent or vested right or estate, andshall 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]

NRS 39.340 Termsand manner of sale must be made known. In allcases of sales of property, the terms shall be made known at the time; and ifthe premises consist of distinct farms or lots, they shall be sold separately.

[1911 CPA 618; RL 5560; NCL 9107]

NRS 39.350 Whomay not be purchasers. Neither a master norany person for the benefit of him, may be interested in any purchase, nor may aguardian of an infant party be interested in the purchase of any real propertywhich is the subject of the sale, except for the benefit of the infant. Allsales contrary to the provisions of this section are void.

[1911 CPA 619; RL 5561; NCL 9108](NRS A 1985,774)

NRS 39.360 Masterto make report of sale to court; contents. Aftercompleting a sale of the property, or any part thereof ordered to be sold, themaster shall report the sale to the court, with a description of the differentparcels of land sold to each purchaser, the name of the purchaser, the pricepaid or secured, the terms and conditions of the sale, and the securities, ifany taken. The report must be filed in the office of the clerk of the countywhere the property is situated.

[1911 CPA 620; RL 5562; NCL 9109](NRS A 1985,774)

NRS 39.370 Executionof conveyances and taking of securities after sale confirmed. If the sale is confirmed by the court, an order must beentered directing the master to execute conveyances and take securitiespursuant to the sale, which he is hereby authorized to do. The order may alsogive directions to him respecting the disposition of the proceeds of the sale.The court may execute conveyances and take securities pursuant to a saleconducted by the court.

[1911 CPA 621; RL 5563; NCL 9110](NRS A 1985,774)

NRS 39.380 Proceedingif party entitled to share or lienholder becomes purchaser. When a party entitled to a share of the property, or anencumbrancer entitled to have his lien paid out of the sale, becomes apurchaser, the master or the court may take his receipt for so much of theproceeds of the sale as belongs to him.

[1911 CPA 622; RL 5564; NCL 9111](NRS A 1985,774)

NRS 39.390 Recordedconveyances bar interested persons. The conveyancesshall be recorded in the county where the premises are situated, and shall be abar against all persons interested in the property in any way who shall havebeen named as parties in the action, and against all such parties and personsas were unknown if the summons has been served by publication, and against allpersons claiming from them or either of them.

[1911 CPA 623; RL 5565; NCL 9112]

NRS 39.400 Proceedsbelonging to unknown owner must be invested. Whenthere are proceeds of a sale belonging to an unknown owner, or to a personwithout the State, who has no legal representative within it, the same shall beinvested in securities or placed at interest for the benefit of the personsentitled thereto.

[1911 CPA 624; RL 5566; NCL 9113]

NRS 39.410 Investmentmust be made in name of clerk. When the securityof the proceeds of the sale is taken, or when an investment of any such proceedsis made, it shall be done, except as herein otherwise provided, in the name ofthe clerk of the county where the papers are filed, and his successors inoffice, who shall hold the same for the use and benefit of the partiesinterested, subject to the order of the court.

[1911 CPA 625; RL 5567; NCL 9114]

NRS 39.420 Wheninterests of parties ascertained, securities must be taken in their names. When the parties to an action for partition agree upontheir interests in the property to be partitioned or their interests have beendetermined by the court and the property is sold on credit which is secured bythe purchasers, the security must be taken in the names of the parties entitledto the security. The security must be delivered to them upon their receipt forit. The agreement of the parties and the receipt must be returned and filedwith the clerk.

[1911 CPA 626; RL 5568; NCL 9115](NRS A 1985,774)

NRS 39.430 Dutiesof clerk concerning investments. The clerk inwhose name a security is taken, or by whom an investment is made, and hissuccessors in office, shall receive the interest and principal as it becomesdue, and apply and invest the same as the court may direct, and shall file inhis office all securities taken, and keep an account in a book provided andkept for that purpose in the clerks office, free for inspection by allpersons, of investments and moneys received by him thereon, and the dispositionthereof.

[1911 CPA 627; RL 5569; NCL 9116]

NRS 39.440 Whenunequal partition is ordered, compensation to be made on account of inequality. When it appears that partition cannot be made equalbetween the parties, according to their respective rights, without prejudice tothe rights and interest of some of them, and a partition be ordered byjudgment, the court may adjudge compensation to be made by one party toanother, on account of the inequality of partition; but such compensation shallnot be required to be made to others by owners unknown, nor by infants, unlessin case of an infant it appears that he has personal property sufficient forthat purpose, and that his interests will be promoted thereby.

[1911 CPA 628; RL 5570; NCL 9117]

NRS 39.450 Shareof infant paid to guardian. When the share ofan infant is sold, the proceeds of the sale may be paid by the master makingthe sale to his general guardian or the special guardian appointed for him inthe action, upon giving the security required by law or directed by order ofthe court.

[1911 CPA 629; RL 5571; NCL 9118]

NRS 39.460 Shareof insane person to be received by guardian. Theguardian who may be entitled to the custody and management of the estate of aninsane person, or other person adjudged incapable of conducting his ownaffairs, whose interest in real property shall have been sold, may receive, inbehalf of such person, his share of the proceeds of such real property, fromthe master, on executing with sufficient sureties an undertaking approved by ajudge of the court, that he will faithfully discharge the trust imposed in him,and will render a true and just account to the person entitled, or to his legalrepresentatives.

[1911 CPA 630; RL 5572; NCL 9119]

NRS 39.470 Guardianmay consent to partition without action and execute releases. The general guardian of an infant and the guardianentitled to the custody and management of the estate of an insane person orother person adjudged incapable of conducting his own affairs, who isinterested in real estate held in joint tenancy or in common, or in any othermanner so as to authorize his being made a party to an action for the partitionthereof, may consent to a partition without action, and agree upon the share tobe set off to such infant or other person entitled, and may execute a releasein his behalf to the owners of the shares of the parts to which they may berespectively entitled, upon an order of the court.

[1911 CPA 631; RL 5573; NCL 9120]

NRS 39.480 Costof partition is lien upon several shares. Thecosts of partition, fees of the master and other disbursements and also, in thediscretion of the court, reasonable counsel fees expended by the parties forthe common benefit, must be paid by the parties respectively entitled to sharein the lands divided, in proportion to their respective interests therein, andmay be included and specified in the judgment. If the costs and fees areincluded in the judgment, there is a lien on the several shares, and thejudgment may be enforced by execution against the shares and against otherproperty held by the respective parties. When litigation arises between some ofthe parties only, the court may require the expenses of the litigation to bepaid by the parties to the litigation or any of them.

[1911 CPA 632; A 1921, 106; NCL 9121](NRS A1985, 775)

NRS 39.490 Courtmay appoint numerous masters upon request. Thecourt may appoint three masters upon request of the parties instead of a singlemaster, in the proceedings under the provisions of this chapter. The threemasters have all the powers and must perform all the duties required of thesingle master.

[1911 CPA 633; RL 5575; NCL 9122](NRS A 1985,775)

MINING CLAIMS

NRS 39.500 Courtmay order master to divide mining claims. Whenthe action is for partition of a mining claim among the tenants in common,joint tenants, coparceners or partners thereof, the court, upon good causeshown by any party or parties in interest, may, instead of ordering partitionto be made in the manner provided in NRS39.010 to 39.390, inclusive, orordering a sale of the premises for cash, direct the master to divide the claimin the manner specified in NRS 39.510 to39.570, inclusive.

[1911 CPA 634; RL 5576; NCL 9123](NRS A 1985,775)

NRS 39.510 Timeordered for division. The court shall, in itsorder, or by a subsequent order made upon motion, fix the time for division ofthe claim by the master, which may not be less than 20 nor more than 40 daysfrom the day of making the order, except by consent of all the parties ininterest who have appeared in the action.

[1911 CPA 635; RL 5577; NCL 9124](NRS A 1985,775)

NRS 39.520 Divisionof claim. On the day designated in the order,the master shall go upon the claim to be divided, and proceed to make divisionof the claim as provided in NRS 39.530to 39.570, inclusive, and shall continuefrom day to day until the whole business is completed.

[1911 CPA 636; RL 5578; NCL 9125](NRS A 1985,775)

NRS 39.530 Partiesmay 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, ofwhich they must give the master written notice before he commences the businessof division. All who do not unite or give notice of separate action, shall, forthe purposes of division, be deemed to have united. The master shall recognizethose 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 andmanagement of the estate of an insane person or other person adjudged incapableof conducting his own affairs, and as to the interest of each, the master mustbe controlled entirely by the order of the court.

[1911 CPA 637; RL 5579; NCL 9126](NRS A 1985,775)

NRS 39.540 Portionssold at auction; master to mark off portions sold. Atthe 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 themining claim in proportion to the interest he or they may have therein, theprivilege of first selecting the place at which his portion will be located,and upon closing the bids the master shall proceed to measure and mark off, bydistinct metes and bounds, to the lowest bidder, his or their portion of themining claim, at the place designated by them or him, according to the terms ofhis or their bid.

[1911 CPA 638; RL 5580; NCL 9127](NRS A 1985,776)

NRS 39.550 Remainingparties have privilege of selection; interests marked off. When the master has marked off and set apart the interestof the lowest bidder, as provided in NRS39.540, he shall offer to the remaining parties the privilege of selection,and shall, upon closing the bids, proceed in the same manner to locate and markoff the portion of the lowest bidder, and shall thereafter continue in the samemanner to receive bids and mark off the interest of the bidder or bidders untilthere remains but one party in interest, or parties united, forming oneinterest, as provided in NRS 39.530. Theparty or parties remaining become the owner or owners, as the case may be, ofthe entire claim not marked off and set apart to the other parties, inproportion to their respective interests in the claim.

[1911 CPA 639; RL 5581; NCL 9128](NRS A 1985,776)

NRS 39.560 Masterto return evidences of authority with his report. Themaster shall return with the report required by NRS 39.140 the evidences of authoritypresented to him by persons other than the parties mentioned in the order ofthe court by which they claim the right to bid, or otherwise act, during theproceedings.

[1911 CPA 640; RL 5582; NCL 9129](NRS A 1985,776)

NRS 39.570 Expensesof master and others apportioned among parties. Theexpenses of the master and those of a surveyor and his assistant, when employed,must be ascertained and allowed by the court, and the amount thereof, togetherwith the fees allowed by law to the master, must be apportioned among thedifferent parties to the action.

[1911 CPA 641; RL 5583; NCL 9130](NRS A 1985,776)

 

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