Determination of Adverse Claims to Real Property

Unknown Defendants. Lis Pendens. An action may be brought to determine the adverse claims to, and clouds upon, title to real property by a person who, by himself or by himself and his predecessors in interest, has been in the actual, exclusive and adverse possession of such property continuously for twenty

(20)years prior to the filing of the complaint, claiming to own the same in fee against the whole world, and who has paid all taxes of every kind levied or assessed against the property during the period of five

(5)years continuously next preceding the filing of the complaint. Said action shall be commenced by the filing of a verified complaint averring the matters above enumerated. The said complaint may include as defendants in such action, in addition to such persons as appear of record to have, all other persons who are known to the plaintiff to have some claim or cloud on the lands described in the complaint adverse to plaintiff's ownership, or other persons unknown claiming any right, interest or lien in such lands, or cloud upon the title of plaintiff thereto, and the plaintiff may describe such unknown defendants in the complaint as follows: "Also all other persons, unknown, claiming any right, title, estate, lien or interest in the real property described in the complaint adverse to plaintiff's ownership, or any cloud upon plaintiff's title thereto." Within ten (10 days after the filing of the complaint, plaintiff shall file, or cause to be filed, in the Department of Land Management, COL 6/21/2023 CH. 25 ACTIONS CONCERNING REAL ESTATE a notice of the pendency of the action, containing the matters required by ' 409 of the Code of Civil Procedure[see 2008 Comment].