§ 751.62.Judgment Conclusive
Title 10. Actions In Particular Cases · Chapter 3.6. Cullen Earthquake Act · Enacted 1972 · no amendments on record · Last verified July 28, 2026
Full Text of § 751.62
Plain-English Summary
This is the binding-effect counterpart to § 751.15 in Chapter 3.5, adapted for the boundary-reestablishment context. The judgment is conclusive with respect to land boundaries as to every entity that, at the time the action commenced, had or claimed an estate, right, title, or interest in, or lien upon, any part of the affected real property described in the complaint.
That conclusiveness extends forward as well: anyone claiming under such an entity by a title obtained after the action began is bound too. The result is the same in rem finality Chapter 3.5 relies on — a single judgment that settles the boundary question for everyone with a stake in the disturbed area, not just those who actively participated in the litigation.
Frequently Asked Questions
Who is bound by the judgment's determination of land boundaries?
Every entity that had or claimed an interest in the affected property when the action began, and anyone claiming under such an entity by a title obtained after the action started.
Does this binding effect require an entity to have appeared in the case?
No. Under the in rem jurisdiction established by § 751.55, the judgment binds those with an interest at the time the action commenced whether or not they appeared.
Amendment History
Added by Stats. 1972, Ch. 936.