Special Forms of Action and Relief Flashcards
Where should land actions be brought In ?
In the Circuit court where the land is located ?
What is Unlawful detainer
Is a remedy at law that determines the right to possession of real property
When is Unlawful Detainer appropriate ?
When a Landlord wants to dispossess a tenant in breach of lease
What Damages can be recovered in an Unlawful Detainer Action ?
Rent,
Damages for wrongful detention, and
eviction
What is Detinue ?
Is an action at law to recover specific personal property (or its specific monetary value) that is unlawfully withheld from P.
In What Court can Unlawful detainer be brought regardless of amount ?
GDC
What Court is Detinue brought in ?
Depends on dollar amounts. Venue is proper where property or evidence is located.
What is the Detinue Option for
Pre-Trial Ex Parte Seizure
When filing a detinue action, P can seek pre-trial seizure of the property by the court to prevent From hiding or disposing of the property while the action is pending
P must file a petition court ex parte that ….
1) Describes the property
2) The Basis for the claim; and
3) Evidence that the property will be Sold, secreted, or damaged
Distress for rent
Is an Rem law claim by a LL for recovery of rent by proceeding against the T’s tangible Personal property.
Where/When Can a Distress for rent action be brought
In GDC, There is a 5 year SOL.
How much rent can be collected in a Distress Action
12 months of rent if land used for farming
6 months if land was used for residential purposes
What is a Partition Action ?
A partition action is a equitable proceeding used when two or more owners disagree about use or property,
When is Partition Action used ?
A partition Action is used when one or more co-owners wishes to divide the property fairly physically (if convenient)
If real property cannot be partitioned conveniently, what does the court do ?
The court will sell the property and divided the proceeds
Where to bring a Partition action ?
In Circuit court because it is real property, venue should be where the land is located
Who can seek a partition action ?
Any co-owener or judgement creditor
(except a tenant by the entirety)
The Elements of a Detinue Action Are
(5)
1) P has right to property
2) P has right to immediate possession
3) Property can be identified
4) Property has some value
5) D had possession prior to sue
In What Court can Unlawful detainer be brought regardless of amount ?
GDC
What is an Ejectment Action ?
An Ejectment action is a remedy at law used to determine title to land
Where can an ejectment action be brought ?
In Circuit court only
What are the elements of an ejectment action ?
(2)
1) P must prove the current right to possession based on title
2) D must occupying the land
What can you seek against a defendant in a ejectment action ?
A writ of eviction to recover possession and damages for use and damage
When can you use a Quiet Title action ?
Cannot use an equitable acton when an action at law is available. So you cannot use a quiet title action when an ejectment action is available because that is an action at law
