Land Actions and Detinue

Question 1

Land Actions

What are land actions?

Answer 1

Several actions specifically deal with right of ownership and/or possession of real property

Question 2

Land Actions

In what court is jurisdiction proper? what about venue?

Answer 2

• Jurisdiction is proper in CC court, except the unlawful detainer is proper in CC or GDC.
• Venue is proper only where the land is situated.

Question 3

Land Actions

What is unlawful detainer and when should it not be used?

Answer 3

Used when a party fails relinquish possession of land to the party entitled to possession. It should not be when the title to the property is at issue.

Usually landlord/tenant disputes

Question 4

Land Actions

What is ejectment? How does it differ from unlawful detainer?

Answer 4

• Brought by somone not in possession of land who claim right to lawful possession (same as unlawful detainer)
• but unlike unlawfuil detainer, it is used to determine possession and title

Question 5

Land Actions

What is a quiet title action? distinctions from ejectment?

Answer 5

It is used to clarify a title to real property. Can sometimes be used to address same issues as ejection, with two distinctions:
1. There is no one to eject so you must bring the quiet title action to clarify title to the property
2. Ejectment is an action at law and quiet title is an equitable action. Equitable actions may not be filed if an action at law is available.

Question 6

Land Actions

What is an Action to Set Boundary Line, and who is it between?

Answer 6

1. May be brought by anyone claiming interest in real property against another person claiming interest in the same property.
2. brought between adjacent property owners

Question 7

Land Actions: Partition

What does this action ask a court to do?

Answer 7

Draw a new boundary line dividing a single parcel of land into multiple parcels

Question 8

Land Actions: Partition

Who can bring this action?

Answer 8

One of the owners or a creditor of one of the owners

Question 9

Land Actions: Partition

This action is available regardless of whether ownership rights are ….

Answer 9

tenancy in common or joint tenancy with a right of survivorship

Question 10

Land Actions: Partition

If a parcel cannot be conveniently divided, court may: (2)

Answer 10

1. Order one owner to take full parcel and pay co-owners a fair value for their portions; or
2. Order property sale and proceeds divided among co-owners and creditors

Question 11

Land Actions: Partition

What preference do courts have in these type of actions?

Answer 11

A physical partition (i.e., division in kind) over a forced sale, even if dividing the parcel reduces the overall value of the land.

Question 12

Detinue

What is detinue used to recover?

Answer 12

Personal property belonging to the P. Commonly used by creditors with a lien on personal proeprty possessed by the D.

Question 13

Detinue

P filing detinue action may also seek ________ seizure by the court. P can obtain this relief ____. A petition for seizure should include: 1, 2, 3

Answer 13

• Pre-Trial
• ex-parte (without notice to D)
• Three things:
  1. A description of the property
  2. the basis of the claim
  3. Evidence the property will likely be sold, secreted, or damaged.

Question 14

Detinue

Reminder on forum: based on value in what court can the claim be filed? What about venue?

Answer 14

• property valued at $4,500 or more: filed in GDC or CC, but only CC if the value exceeds $25,000
• Real property disputes trigger mandatory venue rules; personal property may be brought in permissive venue districts (e.g., where D lives or works and where the property is located).