Nev. Rev. Stat. § 111A.010
Short title
This chapter may be cited as the Uniform Easement Relocation Act.
Nevada Revised Statutes Chapter 111A — Easement Relocation (Uniform Act)
Nevada · statute · Nev. Rev. Stat. ch. 111A · 32 active provisions
Nev. Rev. Stat. § 111A.020
Definitions
As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 111A.030 to 111A.210, inclusive, have the meanings ascribed to them in those sections.
Nev. Rev. Stat. § 111A.030
“Appurtenant easement” defined
“Appurtenant easement” means an easement tied to or dependent on ownership or occupancy of real property.
Nev. Rev. Stat. § 111A.040
“Conservation easement” defined
“Conservation easement” has the meaning ascribed to the term “easement for conservation” in NRS 111.410.
Nev. Rev. Stat. § 111A.050
“Dominant estate” defined
“Dominant estate” means an estate or interest in real property benefitted by an appurtenant easement.
Nev. Rev. Stat. § 111A.060
“Easement” defined
“Easement”: 1. Means a nonpossessory property interest that: (a) Provides a right to enter, use or enjoy real property owned by or in the possession of another; and (b) Imposes on the owner or possessor a duty not to interfere with the entry, use or enjoyment permitted by the instrument creating the easement or, in the…
Nev. Rev. Stat. § 111A.070
“Easement holder” defined
“Easement holder” means: 1. In the case of an appurtenant easement, the dominant estate owner; or 2. In the case of an easement in gross, public-utility easement, conservation easement or negative easement, the grantee of the easement or a successor.
Nev. Rev. Stat. § 111A.080
“Easement in gross” defined
“Easement in gross” means an easement not tied to or dependent on ownership or occupancy of real property.
Nev. Rev. Stat. § 111A.090
“Lessee of record” defined
“Lessee of record” means a person holding a lessee’s interest under a recorded lease or memorandum of lease.
Nev. Rev. Stat. § 111A.100
“Negative easement” defined
“Negative easement” means a nonpossessory property interest whose primary purpose is to impose on a servient estate owner a duty not to engage in a specified use of the estate.
Nev. Rev. Stat. § 111A.110
“Person” defined
“Person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality or other legal entity.
Nev. Rev. Stat. § 111A.120
“Public entity” defined
“Public entity” means: 1. The United States or an agency of the United States; 2. This State, a political subdivision of this State, an agency of this State or a municipal corporation of this State; 3. A general improvement district, as defined in NRS 318.020; or 4. A special assessment district formed in accordance wi…
Nev. Rev. Stat. § 111A.130
“Public-entity easement” defined
“Public-entity easement” means a nonpossessory property interest in which the easement holder is a public entity.
Nev. Rev. Stat. § 111A.140
“Public-utility easement” defined
“Public-utility easement”: 1. Means a nonpossessory property interest in which the easement holder is: (a) A publicly regulated or publicly owned utility under federal law or law of this State or a municipality; or (b) A video service provider, as defined in NRS 711.151. 2. Includes an easement benefiting an intrastate…
Nev. Rev. Stat. § 111A.150
“Real property” defined
“Real property” means an estate or interest in, over or under land, including structures, fixtures and other things that by custom, usage or law pass with a conveyance of land whether or not described or mentioned in the contract of sale or instrument of conveyance. The term includes the interest of a lessor and lessee…
Nev. Rev. Stat. § 111A.160
“Record” defined
“Record” means, when used as a noun, information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
Nev. Rev. Stat. § 111A.170
“Security instrument” defined
“Security instrument” means a mortgage, deed of trust, security deed, contract for deed, lease or other record that creates or provides for an interest in real property to secure payment or performance of an obligation, whether by acquisition or retention of a lien, a lessor’s interest under a lease or title to the rea…
Nev. Rev. Stat. § 111A.180
“Security-interest holder of record” defined
“Security-interest holder of record” means a person holding an interest in real property created by a recorded security instrument.
Nev. Rev. Stat. § 111A.190
“Servient estate” defined
“Servient estate” means an estate or interest in real property that is burdened by an easement.
Nev. Rev. Stat. § 111A.200
“Title evidence” defined
“Title evidence” means a title insurance policy, preliminary title report or binder, title insurance commitment, abstract of title, attorney’s opinion of title based on examination of public records or an abstract of title or any other means of reporting the state of title to real property which is customary in the loc…
Nev. Rev. Stat. § 111A.210
“Utility cooperative” defined
“Utility cooperative” means a nonprofit entity whose purpose is to deliver a utility service, such as electricity, oil, natural gas, water, sanitary sewer, storm water or telecommunications, to its customers or members and includes an electric cooperative, rural electric cooperative, rural water district and rural wate…
Nev. Rev. Stat. § 111A.220
Applicability
1. Except as otherwise provided in subsection 2, this chapter applies to an easement established by express grant or reservation or by prescription, implication, necessity, estoppel or other method. 2. This chapter may not be used to relocate: (a) A public-utility easement, public-entity easement, conservation easement…
Nev. Rev. Stat. § 111A.300
Conditions for relocation of easement
A servient estate owner may relocate an easement under this chapter only if the relocation does not materially: 1. Lessen the utility of the easement; 2. After the relocation, increase the burden on the easement holder in its reasonable use and enjoyment of the easement; 3. Impair an affirmative, easement-related purpo…
Nev. Rev. Stat. § 111A.310
Commencement of civil action for relocation of easement; service of summons and complaint; contents of complaint; waiver of rights to contest or obtain relief
1. To obtain an order to relocate an easement under this chapter, a servient estate owner must commence a civil action. 2. A servient estate owner that commences a civil action under subsection 1: (a) Shall serve a summons and complaint on: (1) The easement holder whose easement is the subject of the relocation; (2) A…
Nev. Rev. Stat. § 111A.320
Approval by court of relocation of easement; conditions; contents of order; servient estate owner to record order and certificate of amendment
1. The court may not approve relocation of an easement under this chapter unless the servient estate owner: (a) Establishes that the easement is eligible for relocation under NRS 111A.220; and (b) Satisfies the conditions for relocation under NRS 111A.300. 2. An order under this chapter approving relocation of an easem…
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