2010 Nevada Code
TITLE 3 REMEDIES; SPECIAL ACTIONS AND PROCEEDINGS
Chapter 40 Actions and Proceedings in Particular Cases Concerning Property

GENERAL PROVISIONS
• NRS 40.005 Zoning requirements to be considered by court.
ACTIONS TO DETERMINE CONFLICTING CLAIMS TO REAL PROPERTY
• NRS 40.010 Actions may be brought against adverse claimants.
• NRS 40.020 Plaintiff not entitled to costs on default judgment or disclaimer.
• NRS 40.030 Plaintiff may recover damages for property withheld where plaintiff's right terminated during pendency of action.
• NRS 40.040 Value of permanent improvements to be allowed as setoff.
• NRS 40.050 Mortgage not deemed conveyance.
• NRS 40.060 Court may enjoin injury to property during foreclosure.
• NRS 40.070 Damages may be recovered for injury to possession after sale and before delivery.
• NRS 40.080 Action not to be prejudiced by alienation pending suit.
• NRS 40.090 Action by person in adverse possession: Verified complaint; defendants; notice of pending litigation.
• NRS 40.100 Action by person in adverse possession: Issuance, service and posting of summons; rights of unknown persons.
• NRS 40.110 Court to hear case; must not enter judgment by default; effect of final judgment.
• NRS 40.120 Remedy is cumulative.
• NRS 40.130 Adverse action on mining claim.
ACTIONS FOR NUISANCE, WASTE AND WILLFUL TRESPASS ON REAL PROPERTY
• NRS 40.140 Nuisance defined; action for abatement and damages; exceptions.
• NRS 40.150 Action for waste; judgment may be for treble damages.
• NRS 40.160 Action for trespass for cutting or carrying away trees or wood; treble damages.
• NRS 40.170 Damages in actions for forcible or unlawful entry may be trebled.
• NRS 40.180 Manner of working mine or mining claim; assessment of damages.
• NRS 40.190 Continuation of judgment lien.
• NRS 40.200 Application for order of survey; notice and order; report of survey; costs of and damages caused by survey.
• NRS 40.210 Order allowing party to survey and measure land in dispute; contents and service of order; liability for unnecessary injury.
SUMMARY PROCEEDINGS FOR OBTAINING POSSESSION OF REAL PROPERTY, RECREATIONAL VEHICLE OR MOBILE HOME
• NRS 40.215 Definitions.
• NRS 40.220 Entry to be made only when legal and in peaceable manner.
• NRS 40.230 Forcible entry defined.
• NRS 40.240 Forcible detainer defined.
• NRS 40.250 Unlawful detainer: Possession after expiration of term.
• NRS 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.
• NRS 40.2512 Unlawful detainer: Possession after default in payment of rent.
• NRS 40.2514 Unlawful detainer: Assignment or subletting contrary to lease; waste; unlawful business; nuisance; violations of controlled substances laws.
• NRS 40.2516 Unlawful detainer: Possession after failure to perform conditions of lease; saving lease from forfeiture.
• NRS 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 notice.
• NRS 40.253 Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant for default in payment of rent.
• NRS 40.254 Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant from certain types of property.
• NRS 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 residential foreclosure.
• NRS 40.260 Tenant of agricultural lands may hold over if not notified.
• NRS 40.270 Tenant has similar remedies against subtenant.
• NRS 40.280 Service of notices to quit; proof required before issuance of order to remove.
• NRS 40.290 Parties defendant; persons bound by judgment.
• NRS 40.300 Contents of complaint; issuance and service of summons; temporary writ of restitution; notice, hearing and bond.
• NRS 40.310 Issue of fact to be tried by jury if proper demand made.
• NRS 40.320 Proof required of plaintiff and defendant on trial.
• NRS 40.330 Amendment of complaint to conform to proof; continuance.
• NRS 40.340 Adjournments.
• NRS 40.350 Trial not to be adjourned when complainant admits evidence in affidavit would be given.
• NRS 40.360 Judgment; damages; execution and enforcement.
• NRS 40.370 Verification of complaint and answer.
• NRS 40.380 Provisions governing appeals.
• NRS 40.385 Stay of execution upon appeal; duty of tenant who retains possession of premises to pay rent during stay.
• NRS 40.390 Appellate court not to dismiss or quash proceedings for want of form.
• NRS 40.400 Rules of practice.
• NRS 40.420 Form of writ of restitution; execution.
• NRS 40.425 Notice of execution on writ of restitution.
ACTIONS FOR FORECLOSURE OF REAL MORTGAGES
• NRS 40.430 Action for recovery of debt secured by mortgage or other lien; "action" defined.
• NRS 40.433 "Mortgage or other lien" defined.
• NRS 40.435 Judicial proceedings in violation of NRS 40.430; provisions of NRS 40.430 as an affirmative defense.
• NRS 40.440 Disposition of surplus money.
• NRS 40.450 Proceedings when debt secured falls due at different times.
FORECLOSURE SALES AND DEFICIENCY JUDGMENTS
• NRS 40.451 "Indebtedness" defined.
• NRS 40.453 Waiver of rights in documents relating to sale of real property against public policy and unenforceable; exception.
• NRS 40.455 Deficiency judgment: Award to judgment creditor or beneficiary of deed of trust; exceptions.
• NRS 40.457 Hearing before award of deficiency judgment; appraisal of property sold.
• NRS 40.459 Limitations on amount of money judgment.
• NRS 40.462 Distribution of proceeds of foreclosure sale.
• NRS 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.
MAINTENANCE OF PROPERTY ACQUIRED AT FORECLOSURE SALE
• NRS 40.464 Duty to maintain vacant residential property acquired at foreclosure sale; notice of violation; proceedings for enforcement; civil penalties.
RIGHTS OF GUARANTOR, SURETY OR OBLIGOR IN REAL PROPERTY
• NRS 40.465 "Indebtedness" defined.
• NRS 40.475 Remedy against mortgagor or grantor; assignment of creditor's rights to guarantor, surety or obligor.
• NRS 40.485 Interest in proceeds of secured indebtedness upon partial satisfaction of indebtedness.
• NRS 40.495 Waiver of rights; separate action to enforce obligation; available defenses.
ENVIRONMENTAL IMPAIRMENT OF REAL COLLATERAL OF SECURED LENDER
• NRS 40.501 Definitions.
• NRS 40.502 "Environmental provision" defined.
• NRS 40.503 "Environmentally impaired" defined.
• NRS 40.504 "Hazardous substance" defined.
• NRS 40.505 "Release" defined.
• NRS 40.506 "Secured lender" defined.
• NRS 40.507 Right of entry and inspection of real collateral.
• NRS 40.508 Action by secured lender concerning environmental provision.
• NRS 40.509 Limitation on amount of damages recoverable in action concerning environmental provision; recovery of interest.
• NRS 40.511 Exceptions to applicability of NRS 40.507 and 40.508.
• NRS 40.512 Environmental impairment of real collateral: Waiver of lien; notice of waiver; exception; recording of waiver.
PROCEEDINGS TO ESTABLISH TERMINATION OF LIFE ESTATES
• NRS 40.515 Petition, notice, hearing and order.
METHODS OF TERMINATION OF INTERESTS OF DECEASED PERSONS IN PROPERTY
• NRS 40.525 Petition; notice; hearing and order; alternative method.
• NRS 40.535 Affidavit or petition may be filed in probate proceeding.
ACTIONS RESULTING FROM CONSTRUCTIONAL DEFECT General Provisions
• NRS 40.600 Definitions.
• NRS 40.603 "Amend a complaint to add a cause of action for a constructional defect" defined.
• NRS 40.605 "Appurtenance" defined.
• NRS 40.610 "Claimant" defined.
• NRS 40.615 "Constructional defect" defined.
• NRS 40.620 "Contractor" defined.
• NRS 40.623 "Design professional" defined.
• NRS 40.625 "Homeowner's warranty" defined.
• NRS 40.630 "Residence" defined.
• NRS 40.632 "Subcontractor" defined.
• NRS 40.634 "Supplier" defined.
• NRS 40.635 Applicability; effect on other defenses.
Conditions and Limitations on Actions
• NRS 40.640 Liability of contractor.
• NRS 40.645 Notice of defect: Required before commencement of or addition to certain actions; content; reliance on expert opinion based on representative sample; notice regarding similarly situated owners; persons authorized to provide notice; exceptions.
• NRS 40.6452 Common constructional defects within single development: Response to notice of defect by contractor; disclosure to unnamed owners; effect of contractor failing to provide disclosure to unnamed owners.
• NRS 40.646 Notice of defect to be forwarded by contractor to subcontractor, supplier or design professional; effect of failure to forward notice; inspection of alleged defect; election to repair.
• NRS 40.6462 Access to residence or appurtenance with alleged defect after notice of defect is given; effect on owners who did not provide notice.
• NRS 40.647 Claimant required to allow inspection of and reasonable opportunity to repair defect; effect of noncompliance.
• NRS 40.6472 Response to notice of defect: Time for sending; content; effect of election to repair or not to repair.
• NRS 40.648 Election to repair defect: Who may repair; manner for performing repairs; deadline for repair; extension of deadline; written statement of repairs performed.
• NRS 40.649 Notice of defect may be presented to insurer; duties of insurer.
• NRS 40.650 Effect of rejecting reasonable offer of settlement; effect of failing to take certain actions concerning defect; effect of coverage available under homeowner's warranty.
• NRS 40.655 Limitation on recovery.
• NRS 40.660 Nonacceptance of offer of settlement deemed rejection.
• NRS 40.665 Settlement by repurchase; certain offers of settlement deemed reasonable.
• NRS 40.667 Effect of written waiver or settlement agreement when contractor fails to correct or repair defect properly; conditions to bringing action; effect of failure to prevail in action.
• NRS 40.668 Action against subdivider or master developer for defect in appurtenance in planned unit development: Conditions and limitations; tolling of statutes of limitation or repose; applicability.
Repairs
• NRS 40.670 Defect which creates imminent threat to health or safety: Duty to cure; effect of failure to cure; exceptions.
• NRS 40.672 Defect in new residence: Duty to repair; deadline for repair; extensions; disciplinary action for failure to comply.
• NRS 40.675 Inspection of repairs.
Special Procedures
• NRS 40.680 Mediation of certain claims required before action commenced or complaint amended; procedure; appointment of special master; effect of failure to mediate in good faith.
• NRS 40.681 Premediation discovery.
• NRS 40.684 Duties of insurer with respect to settlement conference.
Disclosures
• NRS 40.687 Disclosure of information concerning warranties after action is commenced; disclosure of information concerning insurance agreements; compelled production of information.
• NRS 40.688 Disclosure of defects by claimant to prospective purchaser of residence required; timing and contents of disclosure; duty of attorney to inform claimant of disclosure requirement.
Additional Requirement for Actions Against Design Professionals
• NRS 40.6882 "Complainant" defined.
• NRS 40.6884 Attorney required to consult expert; required affidavit of attorney; required report of expert.
• NRS 40.6885 Effect of compliance with or failure to comply with NRS 40.6884.
Miscellaneous Provisions
• NRS 40.6887 Submission of questions or disputes concerning defects to State Contractors' Board; regulations.
• NRS 40.689 Preference given to action; action may be assigned to senior judge; assessment of additional expenses.
• NRS 40.690 Limitation on bringing claim against governmental entity during period for resolution; effect of settlement; contractor or claimant may require party to appear and participate.
• NRS 40.692 Notice not required to be given to intervener in action.
• NRS 40.695 Tolling of statutes of limitation or repose; applicability.
MISCELLANEOUS PROVISIONS
• NRS 40.750 Fraud against financial institution or other lender for purpose of obtaining loan secured by lien on real property.
• NRS 40.760 Summary eviction of person using facility for storage as residence.
• NRS 40.770 Limitation on liability of seller, seller's agent and buyer's agent for failure to disclose certain facts concerning property.