Nevada Revised Statutes

Nev. Rev. Stat. § 40.010 (2026)

Actions may be brought against adverse claimants

✓ current as of July 2026
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NRS 40.010  Actions may be brought against adverse claimants.  An action may be brought by any person against another who claims an estate or interest in real property, adverse to the person bringing the action, for the purpose of determining such adverse claim.

      [1911 CPA § 572; RL § 5514; NCL § 9061]

     

Notes of Decisions
Cited in 128 cases (46 in the last 5 years), 1999–2026 · leading case: Chapman v. Deutsche Bank Nat'l Trust Co., 302 P.3d 1103 (Nev. 2013).
Chapman v. Deutsche Bank Nat'l Trust Co., 302 P.3d 1103 (Nev. 2013). · cites it 2× “NRS 40.010 governs Nevada quiet title actions and provides: “An action may be brought by any person against another who claims an estate or interest in real property, adverse to the person bringing the action, for the purpose of determining such adverse claim.”
Fed. Hous. Fin. Agency, Home Loan Mortg. Corp. v. LN Mgmt. LLC, 369 F. Supp. 3d 1101 (D. Nev. 2019). · cites it 3× “010, which essentially codified this equitable cause of action and permits an action "by any person against another who claims an estate or interest in real property, adverse to the person bringing the action, for the purpose of determining such adverse claim.”
Nationstar Mortg., LLC v. Maplewood Springs Homeowners Ass'n, 238 F. Supp. 3d 1257 (D. Nev. 2017). · cites it 5× “” Nev. Rev. Stat. § 40.010 . “A plea to quiet title does not require any particular elements, but ‘each party must plead and prove his or her own claim to the property in question’ and a ’plaintiffs right to relief therefore depends on superiority of title.”
Weeping Hollow Avenue Trust v. Ashley Spencer, 831 F.3d 1110 (9th Cir. 2016). “” Nev. Rev. Stat. § 40.010 . The Nevada Supreme Court has held that a quiet title action under section 40.”
U.S. Bank Nat'l Ass'n v. SFR Invs. Pool 1, LLC, 376 F. Supp. 3d 1085 (D. Nev. 2019). · cites it 4× “Bank's claims are not actions upon a liability created by statute; they are equitable actions to determine adverse interests in real property, as codified in NRS 40.010. 47 Section 40.010 does not create liability, and a party cannot impose liability upon another through that…”
Karl v. Quality Loan Serv. Corp., 759 F. Supp. 2d 1240 (D. Nev. 2010). · cites it 4× “See Nev.Rev.Stat. § 40.010. (“An action may be brought by any person against another who claims an estate or interest in real property, adverse to the person bringing the action, for the purpose of determining such adverse claim.”
Bank of N.Y. v. S. Highlands Cmty. Ass'n, 329 F. Supp. 3d 1208 (D. Nev. 2018). · cites it 2× “Alternatively, BONY argues that if a shorter limitation period applies, BONY's complaint should relate back to when it initiated non-judicial foreclosure proceedings in November 2008, or the limitation period should be equitably tolled because BONY did not delay initiating…”
7912 Limbwood Court Trust v. Wells Fargo Bank, N.A., 979 F. Supp. 2d 1142 (D. Nev. 2013). · cites it 2× “” Nev.Rev.Stat. § 40.010. Because the Amended Complaint does not allege MTC claims an interest in the property, and MTC disclaims any interest in the property, the Court will dismiss Plaintiffs quiet title claim as against Defendant MTC.”
Bank of N.Y. v. Foothills at MacDonald Ranch Master Ass'n, 329 F. Supp. 3d 1221 (D. Nev. 2018). · cites it 2× “BONY similarly argues that SFR should be estopped from asserting a statute of limitations defense or that SFR waived that defense because SFR did not take action in response to BONY's recorded notice of breach.”
Del Webb Conservation Holding Corp. v. Tolman, 44 F. Supp. 2d 1105 (D. Nev. 1999). · cites it 4× “, inter alia, an action to quiet title pursuant to Nev.Rev.Stat. § 40.010. On August 31, 1998, the UOIL and Da-dourian defendants countersued by filing a First Amended Complaint (Doc.”
Wensley v. First Nat'l Bank of Nevada, 874 F. Supp. 2d 957 (D. Nev. 2012). · cites it 2× “” Nev. Rev. Stat. § 40.010 . “In a quiet title action, the burden of proof rests with the plaintiff to prove good title in himself.”
Tai-Si Kim v. Kearney, 838 F. Supp. 2d 1077 (D. Nev. 2012). · cites it 2× “Nev.Rev. Stat. § 40.010. The priority of competing claims to real property generally is governed by Nevada’s recording statute, which provides that a recorded interest in property “impart[s] notice to all persons of the contents thereof; and subsequent purchasers and mortgagees…”
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