1. Any person named in NRS 40.180 and 40.190 shall have the right to apply for and obtain from any district court, or the judge thereof, an order of survey in the following manner: An application shall be made by filing the affidavit of the person making the application, which affidavit shall state, as near as can be described, the location of the mine or mines of the parties complained of, and as far as known, the names of such parties; also, the location of the mine or mines of the party making such application, and that the party has reason to believe, and does believe, that the parties complained of, their agent, or employees, are or have been trespassing upon the mine or mines of the party complaining, or are working their mine in such manner as to damage or endanger the property of the affiant.
2. Upon the filing of the affidavit as prescribed in subsection 1, the court or judge shall cause a notice to be given to the party complained of, or the agent thereof, which notice shall state the time, place, and before whom the application will be heard, and shall cite the party to appear in not less than 5 nor more than 10 days from the date thereof, to show cause why an order of survey should not be granted; and upon good cause shown, the court or judge shall grant such order, directed to some competent surveyor or surveyors, or to some competent mechanics, or miners, or both, as the case may be, who shall proceed to make the necessary examination as directed by the court and report the result and conclusions to the court, which report shall be filed with the clerk of the court.
3. The costs of the order and survey shall be paid by the persons making the application, unless such parties shall subsequently maintain an action and recover damages, as provided for in NRS 40.180, by reason of a trespass or damage done or threatened prior to such survey or examination having been made, and in that case, such costs shall be taxed against the defendant as other costs in the suit.
4. The parties obtaining such survey shall be liable for any unnecessary injury done to the property in the making of such survey.
[1911 CPA § 569; RL § 5511; NCL § 9058]
Structure Nevada Revised Statutes
Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property
NRS 40.002 - "Federal worker" defined.
NRS 40.0025 - "Household member" defined.
NRS 40.003 - "Qualified Indian tribe" defined.
NRS 40.0035 - "Shutdown" defined.
NRS 40.004 - "State worker" defined.
NRS 40.0045 - "Tribal worker" defined.
NRS 40.005 - Zoning requirements to be considered by court.
NRS 40.010 - Actions may be brought against adverse claimants.
NRS 40.020 - Plaintiff not entitled to costs on default judgment or disclaimer.
NRS 40.040 - Value of permanent improvements to be allowed as setoff.
NRS 40.050 - Mortgage not deemed conveyance.
NRS 40.060 - Court may enjoin injury to property during foreclosure.
NRS 40.070 - Damages may be recovered for injury to possession after sale and before delivery.
NRS 40.080 - Action not to be prejudiced by alienation pending suit.
NRS 40.110 - Court to hear case; must not enter judgment by default; effect of final judgment.
NRS 40.120 - Remedy is cumulative.
NRS 40.130 - Adverse action on mining claim.
NRS 40.140 - Nuisance defined; action for abatement and damages; exceptions.
NRS 40.150 - Action for waste; judgment may be for treble damages.
NRS 40.160 - Action for trespass for cutting or carrying away trees or wood; treble damages.
NRS 40.180 - Manner of working mine or mining claim; assessment of damages.
NRS 40.190 - Continuation of judgment lien.
NRS 40.220 - Entry to be made only when legal and in peaceable manner.
NRS 40.250 - Unlawful detainer: Possession after expiration of term.
NRS 40.2512 - Unlawful detainer: Possession after default in payment of rent; exception.
NRS 40.260 - Tenant of agricultural lands may hold over if not notified.
NRS 40.270 - Tenant has similar remedies against subtenant.
NRS 40.290 - Parties defendant; persons bound by judgment.
NRS 40.310 - Issue of fact to be tried by jury if proper demand made.
NRS 40.320 - Proof required of plaintiff and defendant on trial.
NRS 40.330 - Amendment of complaint to conform to proof; continuance.
NRS 40.350 - Trial not to be adjourned when plaintiff admits evidence in affidavit would be given.
NRS 40.360 - Judgment; damages; execution and enforcement.
NRS 40.370 - Verification of complaint and answer.
NRS 40.380 - Provisions governing appeals.
NRS 40.390 - Appellate court not to dismiss or quash proceedings for want of form.
NRS 40.400 - Rules of practice.
NRS 40.420 - Form of writ of restitution; execution.
NRS 40.425 - Notice of execution on writ of restitution.
NRS 40.427 - "Foreclosure sale" defined.
NRS 40.428 - Mortgage or other lien" defined.
NRS 40.429 - Sale in lieu of a foreclosure sale" defined.
NRS 40.439 - Limitations on foreclosure sales involving certain members of military or dependents.
NRS 40.4395 - Limitations on foreclosure sales involving shutdown.
NRS 40.440 - Disposition of proceeds of foreclosure sale.
NRS 40.450 - Proceedings when debt secured falls due at different times.
NRS 40.451 - "Indebtedness" defined.
NRS 40.457 - Hearing before award of deficiency judgment; appraisal of property sold.
NRS 40.459 - Limitations on amount of money judgment.
NRS 40.462 - Distribution of proceeds of foreclosure sale.
NRS 40.4636 - Limitations on amount of money judgment.
NRS 40.4638 - Circumstances under which action to enforce obligation is prohibited.
NRS 40.4639 - Period of limitation on commencement of civil action.
NRS 40.465 - "Indebtedness" defined.
NRS 40.485 - Interest in proceeds of secured indebtedness upon partial satisfaction of indebtedness.
NRS 40.502 - "Environmental provision" defined.
NRS 40.503 - "Environmentally impaired" defined.
NRS 40.504 - "Hazardous substance" defined.
NRS 40.505 - "Release" defined.
NRS 40.506 - "Secured lender" defined.
NRS 40.507 - Right of entry and inspection of real collateral.
NRS 40.508 - Action by secured lender concerning environmental provision.
NRS 40.511 - Exceptions to applicability of NRS 40.507 and 40.508.
NRS 40.515 - Petition, notice, hearing and order; alternative method of terminating interest.
NRS 40.525 - Petition; notice; hearing and order; alternative method.
NRS 40.535 - Affidavit or petition may be filed in probate proceeding.
NRS 40.603 - "Amend a complaint to add a cause of action for a constructional defect" defined.
NRS 40.605 - "Appurtenance" defined.
NRS 40.607 - "Builder’s warranty" defined.
NRS 40.610 - "Claimant" defined.
NRS 40.615 - "Constructional defect" defined.
NRS 40.620 - "Contractor" defined.
NRS 40.623 - "Design professional" defined.
NRS 40.630 - "Residence" defined.
NRS 40.632 - "Subcontractor" defined.
NRS 40.634 - "Supplier" defined.
NRS 40.635 - Applicability; effect on other defenses.
NRS 40.640 - Liability of contractor.
NRS 40.649 - Notice of defect may be presented to insurer; duties of insurer.
NRS 40.652 - Offer of judgment.
NRS 40.655 - Limitation on recovery.
NRS 40.660 - Nonacceptance of offer of settlement deemed rejection.
NRS 40.665 - Settlement by repurchase; certain offers of settlement deemed reasonable.
NRS 40.675 - Inspection of repairs.
NRS 40.681 - Premediation discovery.
NRS 40.684 - Duties of insurer with respect to settlement conference.
NRS 40.6882 - Complainant" defined.
NRS 40.6885 - Effect of compliance with or failure to comply with NRS 40.6884.
NRS 40.692 - Notice not required to be given to intervener in action.
NRS 40.695 - Tolling of statutes of limitation or repose; applicability.