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Subchapter 1 - General Provisions
§ 18-60-101. Right of cotenants to accounting - (a) When any joint tenant, tenant in common, or coparcener...
§ 18-60-102. Injuring, destroying, or carrying away property of another - (a) A person trespassing as follows shall pay a person...
§ 18-60-103. Liability for damages by fire — Exception - (a) If any person shall set on fire any grass...
§ 18-60-104. Leaving enclosure open - If any person shall voluntarily throw down or open any...
§ 18-60-105. Improvements erroneously placed on adjoining lands - (a) In all cases in which fences, buildings, or other...
§ 18-60-106. Sale of lands of infants or individuals with mental illness - (a) The sale of land of infants or individuals with...
§ 18-60-107. Liability for injuries in gathering farm products — Definition - (a) No cause of action shall arise against the owner,...
§ 18-60-108. Liability of landowner for injury to trespasser — Definition - (a) (1) An owner, lessee, or occupant of land does...
Subchapter 2 - Ejectment and Trespass
§ 18-60-201. Right of action generally - The action of ejectment may be maintained in all cases...
§ 18-60-202. Actions relating to public lands - (a) The action of ejectment may be maintained in all...
§ 18-60-203. Possession claimed under state patents - (a) The action of ejectment may be maintained in all...
§ 18-60-204. Parties - (a) The action of ejectment shall be brought and prosecuted...
§ 18-60-205. Pleadings - (a) (1) In all actions for the recovery of lands,...
§ 18-60-206. Proof required to recover - (a) To entitle the plaintiff to recover, it shall be...
§ 18-60-207. Judgments - (a) In all cases in which no other provision is...
§ 18-60-208. Writ of possession - When the judgment for the plaintiff is both for the...
§ 18-60-209. Recovery of damages - (a) If the plaintiff prevails in the action, he or...
§ 18-60-210. Execution for damages and costs only - When the judgment for the plaintiff is only for damages...
§ 18-60-211. Expiration of right to possession pending action - If the right of the plaintiff to the possession of...
§ 18-60-212. Recovery of lands held under tax title - (a) No action for the recovery of any lands or...
§ 18-60-213. Recovery for improvements and taxes paid on land of another - (a) If any person believing himself or herself to be...
§ 18-60-214. Lien of tax deed holder for improvement by reason of survey - (a) (1) If any person believing himself or herself to...
Subchapter 3 - Forcible Entry and Detainer — Unlawful Detainer
§ 18-60-301. Legislative intent - (a) Acts 1875, No. 85 [repealed], as amended by Acts...
§ 18-60-302. Improper entry prohibited - No person shall enter into or upon any lands, tenements,...
§ 18-60-303. Actions constituting forcible entry and detainer - A person shall be guilty of a forcible entry and...
§ 18-60-304. Actions constituting unlawful detainer - A person shall be guilty of an unlawful detainer within...
§ 18-60-305. Applicability to all estates - Sections 18-60-303 and 18-60-304 shall extend to and comprehend all...
§ 18-60-306. Jurisdiction — Definition - (a) Forcible entries and detainers and unlawful detainers are cognizable...
§ 18-60-307. Proceedings in court - (a) When any person to whom any cause of action...
§ 18-60-308. Title to premises not adjudicated - In trials under the provisions of this subchapter, the title...
§ 18-60-309. Judgment for plaintiff — Assessment of damages — Writs of possession and restitution - (a) If upon the trial of any action brought under...
§ 18-60-310. Execution of writ of possession - (a) Upon receipt of a writ of possession from the...
§ 18-60-311. Judgment for defendant - (a) In all cases of forcible entry and detainer and...
§ 18-60-312. Other causes of action not precluded - (a) Neither the judgment to be rendered by the court...
Subchapter 4 - Partition and Sale of Land
§ 18-60-401. Petition — Determination of heirs property — Applicability - (a) Under this subchapter, any persons having any interest in...
§ 18-60-403. Parties generally - (a) Every person having an interest as is specified in...
§ 18-60-405. Guardians for infants or individuals with mental illness - (a) The statutory guardian of an infant or of an...
§ 18-60-406. Court-appointed guardians for minors - (a) It shall be lawful for the circuit court of...
§ 18-60-407. Constructive service - Parties interested may be constructively summoned as provided by Rule...
§ 18-60-408. Intervention - Any person having an interest in the premises sought to...
§ 18-60-409. Court order for division - Upon a petition by all interested in the property being...
§ 18-60-410. Answer - If any person summoned, as provided in §§ 18-60-401, 18-60-405,...
§ 18-60-411. Entry of default - If any of the parties duly notified by personal service...
§ 18-60-412. Judgment - (a) The court shall ascertain, from the evidence in case...
§ 18-60-413. No partition contrary to terms of will - No partition or sale of land, tenements, or hereditaments devised...
§ 18-60-414. Appointment of commissioners - (a) (1) Whenever any judgment of partition shall be rendered,...
§ 18-60-415. Duties of commissioners - (a) (1) The commissioners shall immediately proceed to make partition,...
§ 18-60-416. Court action on commissioners' report - (a) Upon a report of the divisions by the commissioners...
§ 18-60-417. Deeds of partition - On the confirmation of the report of the division of...
§ 18-60-418. Costs - The costs of the division shall be apportioned among the...
§ 18-60-419. Attorney's fees - (a) (1) In all suits in any of the courts...
§ 18-60-420. Sale of land not susceptible to division - (a) If the commissioners appointed under this subchapter report to...
§ 18-60-421. Commissioners or other interested parties not to purchase - (a) (1) No commissioner nor any person for his or...
§ 18-60-422. Report and confirmation of sale — Conveyances - (a) After completing the sale, the commissioners shall report their...
§ 18-60-423. Distribution of sale proceeds - The proceeds of every sale, after deducting the costs and...
§ 18-60-424. Sale without commissioners - The court may order a sale without the appointment of...
§ 18-60-425. Sale of improved land where infant or individual with mental illness coparcener, etc - (a) When town or city lots, or land outside of...
§ 18-60-426. Sale of land held jointly or otherwise by incompetent person - (a) The land of an incompetent person held jointly or...
Subchapter 5 - Quieting Title Generally
§ 18-60-501. Proceedings generally - Any person claiming to own land that is wild or...
§ 18-60-502. Petition - (a) A claimant shall file in the office of the...
§ 18-60-503. Publication of notice — Cancellation of liens - (a) (1) Upon the filing of the petition, the clerk...
§ 18-60-504. Adjudication of rights - If any person is summoned to appear in the cause,...
§ 18-60-505. Proof - (a) After proof of publication of the notice as stated...
§ 18-60-506. Prima facie title - If the petitioner cannot show a perfect claim of title...
§ 18-60-507. Lost or destroyed title papers - If the petitioner alleges that his or her title papers...
§ 18-60-508. Decree — Effect - (a) If the court is satisfied as to the truth...
§ 18-60-509. Recording of decree - A certified copy of any decree confirming title to real...
§ 18-60-510. Setting aside decree - (a) Any person may appear within three (3) years and...
§ 18-60-511. Costs - The costs of the proceedings shall be adjudged against the...
Subchapter 6 - Quieting Title — Public Sales
§ 18-60-601. Proceedings to confirm public sales - The purchasers, or the heirs and legal representatives of purchasers,...
§ 18-60-602. Petition for confirmation — Affidavit - (a) The petition for confirmation shall be filed with the...
§ 18-60-603. Publication of notice - (a) (1) When land is not made redeemable by any...
§ 18-60-604. Petition taken as confessed - If the deed or deeds are in proper legal form...
§ 18-60-605. Trial of sale validity - In case any person or persons claiming title to the...
§ 18-60-606. Evidence at trial - (a) (1) On the trial of the cause, the petitioner...
§ 18-60-607. Confirmation of sale - (a) There should be no confirmation of the sale of...
§ 18-60-608. Effect of decree confirming sale - (a) (1) The judgment or decree of the court confirming...
§ 18-60-609. Effect of title not confirmed - In case any purchaser or purchasers contemplated in any of...
§ 18-60-610. Costs - (a) When no opposition is made to the confirmation of...
Subchapter 7 - Quieting Title — Railroads
§ 18-60-701. Proceedings against railroads, their successors and assigns - Any person owning land that is wild and unimproved or...
§ 18-60-702. Liberally construed - This subchapter shall be liberally construed so as to effectuate...
§ 18-60-703. Petition — Verification and certification - (a) A person may file the petition in the circuit...
§ 18-60-704. Publication of notice - Upon the filing of the petition, the clerk of the...
§ 18-60-705. Proof — Determination - If any person appears to contest the petition, the burden...
§ 18-60-706. Recording of decree - A certified copy of the decree shall be entitled to...
§ 18-60-707. Effect of decree - The decree in any such cause shall be an absolute...
§ 18-60-708. Costs - The petitioner shall pay the costs when there is no...
Subchapter 8 - Recovery of Personal Property and Replevin
§ 18-60-801. Definitions - As used in this section and §§ 18-60-802 — 18-60-808:...
§ 18-60-802. Existing laws not affected - This section and §§ 18-60-801 and 18-60-803 — 18-60-808 shall...
§ 18-60-803. Penalties — Damages and fee - (a) Any person who willfully and knowingly damages property in...
§ 18-60-804. Petition for recovery of personal property - (a) In all cases in this state wherein a party...
§ 18-60-805. Notice of hearing - (a) The order to appear and show cause why the...
§ 18-60-806. Hearing - (a) At any hearing held on an application for an...
§ 18-60-807. Immediate appearance — Impounding of property - If the petitioner for an order of delivery, after otherwise...
§ 18-60-808. Alternative procedure - (a) In lieu of the procedure set forth in this...
§ 18-60-809. Replevin - The plaintiff in an action to recover the possession of...
§ 18-60-810. Affidavit for replevin - (a) An order for the delivery of property to the...
§ 18-60-811. Order for delivery of property - (a) The order for the delivery of the property to...
§ 18-60-812. Bond - (a) The order shall not be complied with by the...
§ 18-60-813. Execution of order - (a) The sheriff shall execute the order by taking the...
§ 18-60-814. Orders directed to other counties - (a) At any time before judgment an order may be...
§ 18-60-815. Disposition of property replevied - If the affidavit of the plaintiff states that the property...
§ 18-60-816. Redelivery bond - (a) (1) Within two (2) days after the taking of...
§ 18-60-817. Appraisement of property before taking bond - (a) Before taking any bond, upon the suggestion of either...
§ 18-60-818. Claim of third party to property - (a) (1) If a person other than the defendant or...
§ 18-60-819. Arrest and discharge of defendant - (a) If the property described in the order shall have...
§ 18-60-820. Judgments generally - (a) In an action to recover the possession of personal...
§ 18-60-821. Judgment against sureties - (a) (1) In all actions for the recovery of personal...
§ 18-60-822. Assessment of value and damages - In actions for recovery of specific personal property, the jury...
Subchapter 9 - Vacating Public Utility Easements
§ 18-60-901. Petition to vacate - (a) The owners of realty that is encumbered by a...
§ 18-60-902. Notice - (a) Upon receipt of the petition, the county clerk shall...
§ 18-60-903. Hearing — Order — Appeal - (a) At the hearing, the county court shall hear all...
§ 18-60-904. Effect of order — Removal of property - (a) When the county court issues an order vacating a...
Subchapter 10 - Uniform Partition of Heirs Property Act
§ 18-60-1001. Short title - This subchapter may be cited as the “Uniform Partition of...
§ 18-60-1002. Definitions - In this subchapter: (1) (A) “Ascendant” means an individual who...
§ 18-60-1003. Applicability — Relation to other law - (a) This subchapter applies to partition actions filed on or...
§ 18-60-1004. Service — Notice by posting - (a) This subchapter does not limit or affect the method...
§ 18-60-1005. Commissioners - If the court appoints commissioners pursuant to § 18-60-401 et...
§ 18-60-1006. Determination of value - (a) Except as otherwise provided in subsections (b) and (c),...
§ 18-60-1007. Cotenant buyout - (a) If any cotenant requested partition by sale, after the...
§ 18-60-1008. Partition alternatives - (a) If all the interests of all cotenants that requested...
§ 18-60-1009. Considerations for partition in kind - (a) In determining under § 18-60-1008(a) whether partition in kind...
§ 18-60-1010. Open-market sale, sealed bids, or auction - (a) If the court orders a sale of heirs property,...
§ 18-60-1011. Report of open-market sale - (a) Unless required to do so within a shorter time...
§ 18-60-1012. Uniformity of application and construction - In applying and construing this uniform act, consideration must be...
§ 18-60-1013. Relation to Electronic Signatures in Global and National Commerce Act - This subchapter modifies, limits, and supersedes the Electronic Signatures in...
§ 18-60-1014. Effective date - This subchapter takes effect January 1, 2016.