2022 Nevada Revised Statutes
Chapter 39 - Partition of Real Property and Mining Claims
NRS 39.180 - Abstract of title; costs, inspection and custody. [Effective through December 31, 2021.] Guarantee: Contents; costs. [Effective January 1, 2022.]

If it appears to the court that it was necessary to have made an abstract of the title to the property to be partitioned, and such abstract shall have been procured by the plaintiff, or if the plaintiff shall have failed to have the same made before the commencement of the action, and any one of the defendants shall have had such abstract afterward made, the cost of the abstract, 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. Whenever such abstract is procured by the plaintiff, before the commencement of the action, the plaintiff must file with the plaintiff’s complaint a notice that an abstract of the title has been made, and is subject to the inspection and use of all the parties to the action, designating therein where the abstract will be kept for inspection. But if the plaintiff shall have failed to procure such abstract before commencing the action, and any defendant shall procure the same to be made, the defendant shall, as soon as the defendant has directed it to be made, file a notice thereof in the action with the clerk of the court, stating who is making the same, and where it will be kept when finished. The court, or the judge thereof, may direct from time to time during the progress of the action, who shall have the custody of the abstract.

[1911 CPA § 602; RL § 5544; NCL § 9091]

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, effective January 1, 2022)