Legal Definitions - mixed action

A mixed action refers to a type of lawsuit that combines claims related to both real property (such as land or buildings) and personal property or personal rights and obligations. Essentially, it's a legal case where the court is asked to resolve issues concerning both tangible assets like real estate and intangible rights or movable possessions.

Here are some examples to illustrate this concept:

• Example 1: Landlord-Tenant Dispute

  Imagine a landlord sues a tenant who has stopped paying rent and refuses to vacate the property. The landlord's lawsuit would be a mixed action because it seeks two distinct remedies:

  • A claim for possession of the property (an eviction), which relates directly to the real property (the apartment or house).
  • A claim for unpaid rent and damages to the premises, which involves a personal financial obligation (unpaid rent) and damage to personal property (fixtures, appliances) or the real property itself.

  This case combines the recovery of real estate with the enforcement of a personal debt and compensation for damages.

• Example 2: Construction Defect Lawsuit

  Consider a homeowner who hires a contractor to build an addition to their house. After completion, the homeowner discovers significant structural defects in the new addition and also finds that the contractor damaged their antique garden furniture during construction. The homeowner's lawsuit against the contractor would be a mixed action because it addresses:

  • Claims related to the defective construction of the addition, which is part of the real property.
  • Claims for the repair or replacement of the damaged garden furniture, which constitutes personal property.

  The lawsuit seeks remedies for issues affecting both the fixed structure and movable possessions.

• Example 3: Boundary Dispute with Trespass and Damage

  Suppose two neighbors have a dispute over the exact boundary line between their properties. One neighbor, believing a section of land is theirs, erects a fence on what the other neighbor claims is their property and also cuts down several ornamental trees and removes a shed belonging to the second neighbor from that disputed area. The second neighbor's lawsuit would be a mixed action because it seeks:

  • A determination of the correct boundary line and removal of the fence, which pertains to the ownership and use of real property.
  • Compensation for the value of the destroyed trees and the removed shed, which are considered personal property (or fixtures that were removed).

  This case involves resolving a property line dispute while also seeking damages for personal items affected by the encroachment.