Elements for a Claim of Quiet Title

 •  2

By

In Nevada, the elements for a claim of quiet title are:

  1. Action may be brought by any person against another who claims an estate or interest in real property, adverse to him, for the purpose of determining such adverse claims. NRS  40.010;
  2.  “A plea to quiet title does not require any particular elements, but each party must plead and prove his or her own claim to the property  in question and a plaintiff’s right to relief therefore depends on superiority of title.” Chapman vDeutsche Bank Nat’l Trust Co., 302 P.3d 1103, 1106 (Nev. 2013);
  3. Record a Lis Pendens; and
  4. Record a certified copy of the judgment quieting title. NRS 247.120(o).

Joyner v. Bank of America Home Loans, Case No. 2:09-CV-2406-RCJ-RJJ 2010 WL 2953969 (D. Nev. 2010); Kemberling v. Ocwen Loan Servicing, LLC, Case No. 2:09-CV-00567-RCJ-LRL, 2009 WL 5039495 (D. Nev. 2009); Del Webb Conservation Holding Corp. v. Tolman, 44 F. Supp. 2d 1105, 1109-10 (D. Nev. 1999); Union Mill v. Mining Co. v. Warren, 82 F. 519, 520 (D. Nev. 1897); Howell v. Ricci, 197 P.3d 1044, 1046 n. 1 (Nev. 2008); Breliant v. Preferred Equities Corp., 112 Nev. 663, 669, 918 P.2d 314, 318 (Nev. 1996); Sceirine v. Densmore, 87 Nev. 9, 12, 479 P.2d 779 (1971); MacDonald v. Krause, 77 Nev. 312, 317-18, 362 P.2d 724 (Nev. 1961); Clay v. Scheeline Banking & Trust Co., 40 Nev. 9, 159 P. 1081, 1082-83 (1916).

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on acting as an Arbitrator and Mediator.

Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.

The information provided on this site does not, and is not intended to constitute legal advice. You understand each legal matter should be considered to be unique and subject to varying results. You should not take or refrain from taking action based on any information contained on this website without first consulting legal counsel, as it is not intended to advise you on your particular matter. Further, you understand that no guarantee is given that the information contained herein is an accurate statement of the law at any given point in time, as the law is constantly changing. Guest bloggers are responsible for their own content, which is not to be construed as an article authored by Jay Young. Please see http://nevadalaw.info/disclaimer

2 Comments

  1. Matthew Pruitt / August 27, 2020 at 2:57 pm

    I think you are mistaken on this article as it conflates the elements of adverse possession with quiet title. NRS 40.090 – NRS 40.120 I believe apply exclusively to adverse possession.

  2. Anonymous / September 2, 2020 at 2:31 pm

    Thanks Matthew. You are correct. I will fix this.

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.

%d bloggers like this: