Forms of Action - Part C

Question 1

what is an ejectment action?

Answer 1

concerns who holds title to land

Question 2

what does the plaintiff have to show to win an ejectment action?

Answer 2

must recover on strength of own title, cannot win by showing that def does not hold title

Question 3

what kind of property does an ejectment action involve?

Answer 3

real property

Question 4

where is an ejectment action filed?

Answer 4

only in cc

Question 5

who must be made a defendant in an ejectment action?

Answer 5

the person occupying the land, as must any person claiming title

Question 6

what can a plaintiff ask for in an ejectment action?

Answer 6

money damages along with a writ of possession

Question 7

what is a “bill to quiet title”?

Answer 7

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

Question 8

what is a suit to establish boundary to land?

Answer 8

asks the court to determine the location of a boundary line between adjoining properties

Question 9

where do you file a suit to establish boundary

Answer 9

only in cc

Question 10

what happens when you file a suit to establish boundary?

Answer 10

no damages awarded. the court can order a survey to establish boundary

Question 11

what is a partition action?

Answer 11

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

Question 12

what court is a partition action brought in if its land?

Answer 12

cc

Question 13

what court is a partition action brought in if it is pp?

Answer 13

cc or gdc depending on the dollar value

Question 14

may a creditor bring a suit seeking partition?

Answer 14

yes to recover the value of debtor’s share of jointly-owned property

Question 15

what kind of interest in land cannot bring a partition action?

Answer 15

tenancy by the entirety. additionally, a creditor cannot bring a partition suit in this situation either

Question 16

how does a court decide what kind of partition is appropriate?

Answer 16

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

Question 17

what if it cannot be done fairly or conveniently?

Answer 17

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

Question 18

what is the last resort for a partition action?

Answer 18

if nothing else can be done, the court may order a sale for hat land and divide the proceeds

Question 19

when is a partition action not appropriate?

Answer 19

when two parties each claim to own 100% of the title to the property