Legal Question in Real Estate Law in Nevada

Property law in Nevada

My family has some property near Elko Nevada. In 1983 my parents divorced, in the settlement the property remained jointly owned in equal parts by my Mom, Dad and older brother. Each owning 1/3 rd interest in the property. What it boils down to is that my mother quit claimed her interest in the land to my brother and because of his situation he is now quit claiming his (now 2/3) ownership to me. Issue is that my Dad is literally crazy, he is hiding somewhere in Calif. we think. Pretty sure he is still alive. In 30 years he has never paid any of the taxes. Is there some way to make a claim that he has abandoned the property and take full ownership so that I can build on the proprerty without fear that he will show up one day, or sell his interest to some one that would muddy up the ownership and feel entitled to some form of payment.


Asked on 4/05/09, 10:32 pm

1 Answer from Attorneys
Jonathan Reed Reed & Mansfield

Re: Property law in Nevada

You could file a lawsuit for declaratory judgment that under the theory of unjust enrichment you are now the sole owner of the property.(You would allege that your payment of all the taxes over the years and your father's refusal to pay any taxes is why it is only fair that you now own the property. Your attorney would serve your father by publication. Presumably your father would not answer and you would win complete title by default. I'd be glad to talk to you about such a lawsuit.

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Answered on 4/05/09, 11:55 pm


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