Forms of Action - Part C Flashcards
what is an ejectment action?
concerns who holds title to land
what does the plaintiff have to show to win an ejectment action?
must recover on strength of own title, cannot win by showing that def does not hold title
what kind of property does an ejectment action involve?
real property
where is an ejectment action filed?
only in cc
who must be made a defendant in an ejectment action?
the person occupying the land, as must any person claiming title
what can a plaintiff ask for in an ejectment action?
money damages along with a writ of possession
what is a “bill to quiet title”?
similar to an ejectment action, but it is an equitable action by which the court can determine title to land. However, this is generally unavailable when a claim at law (ejectment) would provide an adequate remedy
what is a suit to establish boundary to land?
asks the court to determine the location of a boundary line between adjoining properties
where do you file a suit to establish boundary
only in cc
what happens when you file a suit to establish boundary?
no damages awarded. the court can order a survey to establish boundary
what is a partition action?
suit to divide jointly owned land or personal property when the owners cannot agree about what to do with it or what their interests are; an equitable proceeding
what court is a partition action brought in if its land?
cc
what court is a partition action brought in if it is pp?
cc or gdc depending on the dollar value
may a creditor bring a suit seeking partition?
yes to recover the value of debtor’s share of jointly-owned property
what kind of interest in land cannot bring a partition action?
tenancy by the entirety. additionally, a creditor cannot bring a partition suit in this situation either
how does a court decide what kind of partition is appropriate?
the primary mission will be to decide whether the property can be divided in kind among the owners. if it can be done fairly or conveniently, then the court must divide it in kind
what if it cannot be done fairly or conveniently?
then the court may permit the parcel to be sold to one or more of the owners who will accept it and pay the owners a fair amount for his or their interests
what is the last resort for a partition action?
if nothing else can be done, the court may order a sale for hat land and divide the proceeds
when is a partition action not appropriate?
when two parties each claim to own 100% of the title to the property
