Nevada Revised Statutes

Nev. Rev. Stat. § 40.100 (2026)

Action by person in adverse possession: Issuance, service and posting of summons; rights of unknown persons

✓ current as of July 2026

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NRS 40.100 Action by person in adverse possession: Issuance, service and posting of summons; rights of unknown persons.

1. Within 1 year after the filing of the complaint, as required by NRS 40.090, a summons must be issued in the manner and form prescribed in the Nevada Rules of Civil Procedure. In addition to other requirements, the summons shall contain a description of the property described in the complaint. In the summons the unknown defendants shall be designated as in the complaint. Service of summons, whether personal or otherwise, shall be effected in the manner prescribed in the Nevada Rules of Civil Procedure; and the times for completion of service and appearance by the defendant shall be as prescribed therein.

2. Within 30 days after the issuance of the summons, the plaintiff shall post or cause to be posted a copy thereof in a conspicuous place, on each separate parcel of the property described in the complaint, and each parcel of the land upon which a copy of the summons is posted shall be deemed to be in the possession of the court for all the purposes of and pending the determination of the action. All such unknown persons so served shall have the same rights as are provided by law in cases of all other defendants named, upon whom service is made by publication or personally, and the action shall proceed against such unknown persons in the same manner as against the defendants who are named, upon whom service is made by publication or personally, and with like effect; and any such unknown person who has or claims to have any right, title, estate, lien or interest in the property, or cloud on the title thereto, adverse to plaintiff, at the time of the commencement of the action, who has been duly served as aforesaid, and anyone claiming title under the unknown person shall be concluded by the judgment in such action as effectually as if the action had been brought against the person by his or her name and personal service of process obtained, notwithstanding any such unknown person may be under legal disability.

[1911 CPA § 581; A 1937, 23; 1955, 466]

Notes of Decisions

Cited in 2 cases, 1985–2009 · leading case: Potts v. Vokits, 692 P.2d 1304 (Nev. 1985).

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Potts v. Vokits, 692 P.2d 1304 (Nev. 1985). · cites it 2× “090, there are certain requirements set forth in NRS 40.100 which must be met. Since there is no indication of compliance with NRS 40.”

Dayton Valley Investors, LLC v. Union Pac. R.R., 664 F. Supp. 2d 1174 (D. Nev. 2009). · cites it 2× “090, there are certain requirements set forth in Nev.Rev.Stat. § 40.100 that must be met. Id.”

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