Land Actions and Detinue Flashcards
Land Actions
What are land actions?
Several actions specifically deal with right of ownership and/or possession of real property
Land Actions
In what court is jurisdiction proper? what about venue?
- Jurisdiction is proper in CC court, except the unlawful detainer is proper in CC or GDC.
- Venue is proper only where the land is situated.
Land Actions
What is unlawful detainer and when should it not be used?
Used when a party fails relinquish possession of land to the party entitled to possession. It should not be when the title to the property is at issue.
Usually landlord/tenant disputes
Land Actions
What is ejectment? How does it differ from unlawful detainer?
- Brought by somone not in possession of land who claim right to lawful possession (same as unlawful detainer)
- but unlike unlawfuil detainer, it is used to determine possession and title
Land Actions
What is a quiet title action? distinctions from ejectment?
It is used to clarify a title to real property. Can sometimes be used to address same issues as ejection, with two distinctions:
1. There is no one to eject so you must bring the quiet title action to clarify title to the property
2. Ejectment is an action at law and quiet title is an equitable action. Equitable actions may not be filed if an action at law is available.
Land Actions
What is an Action to Set Boundary Line, and who is it between?
- May be brought by anyone claiming interest in real property against another person claiming interest in the same property.
- brought between adjacent property owners
Land Actions: Partition
What does this action ask a court to do?
Draw a new boundary line dividing a single parcel of land into multiple parcels
Land Actions: Partition
Who can bring this action?
One of the owners or a creditor of one of the owners
Land Actions: Partition
This action is available regardless of whether ownership rights are ….
tenancy in common or joint tenancy with a right of survivorship
Land Actions: Partition
If a parcel cannot be conveniently divided, court may: (2)
- Order one owner to take full parcel and pay co-owners a fair value for their portions; or
- Order property sale and proceeds divided among co-owners and creditors
Land Actions: Partition
What preference do courts have in these type of actions?
A physical partition (i.e., division in kind) over a forced sale, even if dividing the parcel reduces the overall value of the land.
Detinue
What is detinue used to recover?
Personal property belonging to the P. Commonly used by creditors with a lien on personal proeprty possessed by the D.
Detinue
P filing detinue action may also seek ________ seizure by the court. P can obtain this relief ____. A petition for seizure should include: 1, 2, 3
- Pre-Trial
- ex-parte (without notice to D)
- Three things:
1. A description of the property
2. the basis of the claim
3. Evidence the property will likely be sold, secreted, or damaged.
Detinue
Reminder on forum: based on value in what court can the claim be filed? What about venue?
- property valued at $4,500 or more: filed in GDC or CC, but only CC if the value exceeds $25,000
- Real property disputes trigger mandatory venue rules; personal property may be brought in permissive venue districts (e.g., where D lives or works and where the property is located).