§ 18-61-101. Actions to recover land, tenements, or hereditaments
(a) (1) No person or his or her heirs shall have, sue, or maintain any action or suit, either in law or equity, for any lands, tenements, or hereditaments after seven (7) years once his or her right to commence, have, or maintain the suit shall have come, fallen, or accrued. (2) All suits, either […]
§ 18-60-904. Effect of order — Removal of property
(a) When the county court issues an order vacating a public utility easement, the ownership of the real property through which the easement extends shall cease to be burdened with the easement. (b) The public utilities shall remove their property located on or beneath the realty subject to the easement within ninety (90) days after […]
§ 18-60-1001. Short title
This subchapter may be cited as the “Uniform Partition of Heirs Property Act”.
§ 18-60-1002. Definitions
In this subchapter: (1) (A) “Ascendant” means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual. (B) “Ascendant” includes an adoptive parent and his or her ascendants. (2) “Collateral” means an individual who is related to another individual under § 28-9-214 but who is not the […]
§ 18-60-1003. Applicability — Relation to other law
(a) This subchapter applies to partition actions filed on or after January 1, 2016. (b) In an action to partition real property under § 18-60-401 et seq., the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the property must be partitioned under this subchapter […]
§ 18-60-1004. Service — Notice by posting
(a) This subchapter does not limit or affect the method by which service of a complaint in a partition action may be made. (b) If the plaintiff in a partition action seeks notice by publication and the court determines that the property may be heirs property, the plaintiff, not later than 10 days after the […]
§ 18-60-1005. Commissioners
If the court appoints commissioners pursuant to § 18-60-401 et seq., each commissioner, in addition to the requirements and disqualifications applicable to commissioners in § 18-60-401 et seq., must be disinterested and impartial and not a party to or a participant in the action.
§ 18-60-816. Redelivery bond
(a) (1) Within two (2) days after the taking of the property by the sheriff, in the case in which the property was not taken under an execution, the defendant or anyone for him or her may cause a bond to be executed to the plaintiff in the presence of the sheriff, by one (1) […]
§ 18-60-1006. Determination of value
(a) Except as otherwise provided in subsections (b) and (c), if the court determines that the property that is the subject of a partition action is heirs property, the court shall determine the fair market value of the property by ordering an appraisal pursuant to subsection (d). (b) If all cotenants have agreed to the […]
§ 18-60-817. Appraisement of property before taking bond
(a) Before taking any bond, upon the suggestion of either party that the value of the property is not truly stated in the order for its delivery and where the suggestion is on the part of the defendant, on his or her producing the property to the sheriff, the sheriff shall select three (3) disinterested […]