Special Forms of Action and Relief

Question 1

Where should land actions be brought In ?

Answer 1

In the Circuit court where the land is located ?

Question 2

What is Unlawful detainer

Answer 2

Is a remedy at law that determines the right to possession of real property

Question 3

When is Unlawful Detainer appropriate ?

Answer 3

When a Landlord wants to dispossess a tenant in breach of lease

Question 4

What Damages can be recovered in an Unlawful Detainer Action ?

Answer 4

Rent,
Damages for wrongful detention, and
eviction

Question 5

What is Detinue ?

Answer 5

Is an action at law to recover specific personal property (or its specific monetary value) that is unlawfully withheld from P.

Question 6

In What Court can Unlawful detainer be brought regardless of amount ?

Answer 6

GDC

Question 7

What Court is Detinue brought in ?

Answer 7

Depends on dollar amounts. Venue is proper where property or evidence is located.

Question 8

What is the Detinue Option for
Pre-Trial Ex Parte Seizure

Answer 8

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

Question 9

P must file a petition court ex parte that ….

Answer 9

1) Describes the property
2) The Basis for the claim; and
3) Evidence that the property will be Sold, secreted, or damaged

Question 10

Distress for rent

Answer 10

Is an Rem law claim by a LL for recovery of rent by proceeding against the T’s tangible Personal property.

Question 11

Where/When Can a Distress for rent action be brought

Answer 11

In GDC, There is a 5 year SOL.

Question 12

How much rent can be collected in a Distress Action

Answer 12

12 months of rent if land used for farming

6 months if land was used for residential purposes

Question 13

What is a Partition Action ?

Answer 13

A partition action is a equitable proceeding used when two or more owners disagree about use or property,

Question 14

When is Partition Action used ?

Answer 14

A partition Action is used when one or more co-owners wishes to divide the property fairly physically (if convenient)

Question 15

If real property cannot be partitioned conveniently, what does the court do ?

Answer 15

The court will sell the property and divided the proceeds

Question 16

Where to bring a Partition action ?

Answer 16

In Circuit court because it is real property, venue should be where the land is located

Question 17

Who can seek a partition action ?

Answer 17

Any co-owener or judgement creditor
(except a tenant by the entirety)

Question 18

The Elements of a Detinue Action Are

(5)

Answer 18

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

Question 19

In What Court can Unlawful detainer be brought regardless of amount ?

Answer 19

GDC

Question 20

What is an Ejectment Action ?

Answer 20

An Ejectment action is a remedy at law used to determine title to land

Question 21

Where can an ejectment action be brought ?

Answer 21

In Circuit court only

Question 22

What are the elements of an ejectment action ?

(2)

Answer 22

1) P must prove the current right to possession based on title

2) D must occupying the land

Question 23

What can you seek against a defendant in a ejectment action ?

Answer 23

A writ of eviction to recover possession and damages for use and damage

Question 23

When can you use a Quiet Title action ?

Answer 23

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