US Laws, Codes, Statutes & Cases

Title 10 - PROPERTY RIGHTS AND TRANSACTIONS

CHAPTER 111 - ESTATES IN PROPERTY; CONVEYANCING AND RECORDING

GENERAL PROVISIONS

NRS 111.010            Definitions.

NRS 111.015            Power of court to compel specific performance not abridged.

NRS 111.020            Instruments may be subscribed by lawful agents.

NRS 111.025            Conveyances void against purchasers are void against their heirs or assigns.

NRS 111.040            Validity of conveyances made before December 2, 1861.

NRS 111.045            Legality of conveyances executed before December 2, 1861, depends on laws and customs of mining and agricultural districts.

NRS 111.050            Chapter not to be construed to conflict with lawful mining rules, regulations and customs.

ESTATES IN PROPERTY

NRS 111.055            Nonresident aliens, persons and corporations may hold real property.

NRS 111.060            Tenancy in common: Definition.

NRS 111.063            Tenancy in common: Creation.

NRS 111.064            Tenancy in common or estate in community property: Creation; right of survivorship.

NRS 111.065            Joint tenancy in real and personal property: Creation.

NRS 111.070            Fee simple: Words of inheritance not necessary.

NRS 111.075            “Heir” or “issue” in remainders.

NRS 111.080            Contingent future interest: Defeat on birth of posthumous child.

NRS 111.085            Estates tail: Enjoyment by posthumous child.

NRS 111.090            Grants of rents, reversions and remainders effective without attornments of tenants.

NRS 111.095            When attornment of tenant void.

NRS 111.100            Lineal and collateral warranties abolished.

NRS 111.101            Abolishment of Rule in Shelley’s Case.

NRS 111.102            Abolishment of doctrine of destructibility of contingent remainders.

RULE AGAINST PERPETUITIES (UNIFORM ACT)

NRS 111.103            Short title; uniformity of application and construction.

NRS 111.1031          Statutory rule against perpetuities.

NRS 111.1033          When nonvested property interest or power of appointment created.

NRS 111.1035          Reformation.

NRS 111.1037          Exclusions from statutory rule against perpetuities.

NRS 111.1039          Prospective application.

CONVEYANCING; STATUTE OF FRAUDS

NRS 111.105            Conveyances by deed.

NRS 111.109            Conveyance by deed which becomes effective upon death of grantor.

NRS 111.115            Proof of execution of conveyance.

NRS 111.120            Conditions necessary before proof by subscribing witness can be taken.

NRS 111.125            Proof required from subscribing witnesses.

NRS 111.130            Contents of certificate of proof.

NRS 111.135            When proof by evidence of handwriting may be taken.

NRS 111.140            Statements of witnesses under oath before certificate granted.

NRS 111.145            Witnesses to conveyance may be subpoenaed.

NRS 111.150            Penalty for failure of witness to appear when subpoenaed.

NRS 111.155            Conveyance acknowledged or proved may be read in evidence.

NRS 111.160            After-acquired title passes to grantee.

NRS 111.165            Adverse possession does not prevent sale and conveyance.

NRS 111.167            Presumption of conveyance with land: Water rights, permits, certificates and applications appurtenant to land.

NRS 111.170            Construction of words “grant, bargain and sell” in conveyances; suit upon covenants.

NRS 111.175            Conveyances made to defraud prior or subsequent purchasers are void.

NRS 111.180            Conveyance not deemed fraudulent in favor of subsequent purchaser with notice unless grantee privy to fraud.

NRS 111.185            Power of revocation at will.

NRS 111.190            Revocation and reconveyance.

NRS 111.195            Effect of conveyance made before power of revocation can be exercised.

NRS 111.200            Limitations on terms of leases.

NRS 111.205            No estate created in land unless by operation of law or written conveyance; leases for terms not exceeding 1 year.

NRS 111.210            Contracts for sale or lease of land for periods in excess of 1 year void unless in writing.

NRS 111.220            Agreements not in writing: When void.

NRS 111.235            Grants and assignments of existing trusts to be in writing or are void.

VOIDABLE RESTRICTIONS AND PROHIBITIONS

NRS 111.237            Prohibition or restriction based on race, color, religion, ancestry or national origin.

NRS 111.238            Prohibition on display of flag of the United States on property.

NRS 111.239            Prohibition or restriction on use of system for obtaining solar or wind energy on property.

ACKNOWLEDGMENT OF INSTRUMENTS

NRS 111.240            Acknowledgment of conveyances.

NRS 111.265            Persons authorized to take acknowledgment or proof within State.

RECORDING

NRS 111.310            Instruments entitled to recordation; patents need not be acknowledged.

NRS 111.312            Requirements for recording certain documents relating to real property.

NRS 111.315            Recording of conveyances and instruments: Notice to third persons.

NRS 111.320            Filing of conveyances or other instruments is notice to all persons: Effect on subsequent purchasers and mortgagees.

NRS 111.325            Unrecorded conveyances void as against subsequent bona fide purchaser for value when conveyance recorded.

NRS 111.340            Certificate of acknowledgment and record may be rebutted.

NRS 111.345            Proof taken upon oath of incompetent witness: Instrument not admissible until established by competent proof.

NRS 111.347            Recording defective instrument: Notice to subsequent purchasers; admissibility in evidence.

NRS 111.350            Conveyances or other instruments recorded before December 17, 1862: Notice to subsequent purchasers; certified copies as evidence.

NRS 111.353            Recording of master form mortgages and deeds of trust; incorporation of provisions by reference in subsequently recorded instruments.

NRS 111.355            Recordation of only part of instrument under certain conditions.

NRS 111.365            Recording affidavit of death of joint tenant or spouse holding community property with right of survivorship creates disputable presumption title vested in survivor; county recorder to send information contained in affidavits monthly to Department of Health and Human Services.

EASEMENT FOR COLLECTION OF SOLAR ENERGY

NRS 111.370            Creation of easement by grant; signing, recording and contents of instrument creating easement.

NRS 111.375            Vesting of easement; effect of transfer of land.

NRS 111.380            Termination, modification or extinguishment of easement.

EASEMENTS FOR CONSERVATION

NRS 111.390            General purpose.

NRS 111.400            Scope.

NRS 111.410            Definitions.

NRS 111.420            Creation; recording; duration; effect on existing interest in real property.

NRS 111.430            Actions affecting easements for conservation.

NRS 111.440            Validity.

ATTORNEYS-IN-FACT AND AGENTS

NRS 111.450            Power of attorney to convey real property: Acknowledgment; recordation and revocation.

NRS 111.460            Power of attorney for disabled principal: Execution; actions binding; accounting to guardian.

NRS 111.470            Power of attorney for disabled principal: Power not terminated by death, disability or incompetence of principal; affidavit of attorney-in-fact or agent as evidence of nonrevocation or nontermination.

REGISTRATION OF SECURITIES IN BENEFICIARY FORM (UNIFORM ACT)

NRS 111.480            Short title; uniformity of application and construction.

NRS 111.490            Definitions.

NRS 111.500            “Beneficiary” defined.

NRS 111.510            “Beneficiary form” defined.

NRS 111.520            “Register” defined.

NRS 111.530            “Registering entity” defined.

NRS 111.540            “Security” defined.

NRS 111.550            Applicability.

NRS 111.560            Persons eligible to obtain registration; manner in which multiple owners of registered securities hold title.

NRS 111.570            Validity of registration.

NRS 111.580            Designation of beneficiary required for registration.

NRS 111.590            Words or abbreviations indicating registration.

NRS 111.600            Effect of designation of beneficiary on ownership of registered securities; cancellation or modification of registration.

NRS 111.610            Disposition of registered securities upon death of owner.

NRS 111.620            Transfer on death of registered security is contractual and not testamentary; rights of creditors.

NRS 111.630            Offer or acceptance of requests for registration by registering entity.

NRS 111.640            Right of registering entity to establish terms and conditions for receiving and effectuating registrations; substitution and identification of beneficiaries.

NRS 111.650            Liability of registering entity.

_________

 

GENERAL PROVISIONS

      NRS 111.010  Definitions.  As used in this chapter:

      1.  “Conveyance” shall be construed to embrace every instrument in writing, except a last will and testament, whatever may be its form, and by whatever name it may be known in law, by which any estate or interest in lands is created, aliened, assigned or surrendered.

      2.  “Estate and interest in lands” shall be construed and embrace every estate and interest, present and future, vested and contingent, in lands as defined in subsection 3.

      3.  “Lands” shall be construed as coextensive in meaning with lands, tenements and hereditaments, and shall include in its meaning all possessory right to the soil for mining and other purposes.

      [74:9:1861; B § 302; BH § 2643; C § 2713; RL § 1088; NCL § 1545] + [75:9:1861; B § 303; BH § 2644; C § 2714; RL § 1089; NCL § 1546]

      NRS 111.015  Power of court to compel specific performance not abridged.  Nothing contained in this chapter shall be construed to abridge the powers of courts to compel the specific performance of agreements in cases of part performance of such agreements.

      [59:9:1861; B § 287; BH § 2628; C § 2698; RL § 1073; NCL § 1531]

      NRS 111.020  Instruments may be subscribed by lawful agents.  Every instrument required by any of the provisions of this chapter to be subscribed by any party, may be subscribed by the lawful agent of such party.

      [68:9:1861; B § 296; BH § 2637; C § 2707; RL § 1082; NCL § 1539]

      NRS 111.025  Conveyances void against purchasers are void against their heirs or assigns.  Every conveyance, charge, instrument or proceeding declared to be void by the provisions of this chapter, as against purchasers, shall be equally void as against the heirs, successors, personal representatives or assigns of such purchasers.

      [71:9:1861; B § 299; BH § 2640; C § 2710; RL § 1085; NCL § 1542]—(NRS A 1959, 418)

      NRS 111.040  Validity of conveyances made before December 2, 1861.  All conveyances of real property made, acknowledged or proved prior to December 2, 1861, according to the laws in force at the time of the making, acknowledgment or proof, shall have the same force as evidence, and be recorded in the same manner and with like effect as conveyances executed and acknowledged in pursuance of this chapter.

      [39:9:1861; B § 267; BH § 2608; C § 2678; RL § 1053; NCL § 1511]

      NRS 111.045  Legality of conveyances executed before December 2, 1861, depends on laws and customs of mining and agricultural districts.  The legality of the execution, acknowledgment, proof, form or record of any conveyance, or other instrument made, executed, acknowledged, proved or recorded prior to December 2, 1861, shall not be affected by anything contained in this chapter, but shall depend for its validity or legality upon the laws and customs then in existence and in force in the mining and agricultural districts.

      [40:9:1861; B § 268; BH § 2609; C § 2679; RL § 1054; NCL § 1512]

      NRS 111.050  Chapter not to be construed to conflict with lawful mining rules, regulations and customs.  This chapter shall not be so construed as to interfere or conflict with the lawful mining rules, regulations or customs in regard to the locating, holding or forfeiture of claims, but, in all cases of mortgages of mining interests under this chapter, the mortgagee shall have the right to perform the same acts that the mortgagor might have performed for the purpose of preventing a forfeiture of the same under the rules, regulations or customs of mines, and shall be allowed such compensation therefor as shall be deemed just and equitable by the court ordering the sale upon a foreclosure. Compensation shall, in no case, exceed the amount realized from the claim by a foreclosure and sale.

      [77:9:1861; B § 305; BH § 2646; C § 2716; RL § 1091; NCL § 1548]

ESTATES IN PROPERTY

      NRS 111.055  Nonresident aliens, persons and corporations may hold real property.

      1.  Any nonresident alien, person or corporation may take, hold and enjoy any real property or any interest in lands, tenements or hereditaments within the State of Nevada as fully, freely, and upon the same terms and conditions as any resident citizen, person or domestic corporation.

      2.  Nothing contained in this section shall be so construed as to confer any other or further rights under the statutes of limitation than those at present existing.

      [1:43:1879; A 1947, 270; 1943 NCL § 6365] + [3:43:1879; BH § 2657; C § 2727; RL § 3603; NCL § 6366]

      NRS 111.060  Tenancy in common: Definition.  Every interest in real property granted or devised to two or more persons, other than executors and trustees, as such, shall be a tenancy in common, unless expressly declared in the grant or devise to be a joint tenancy.

      [41:9:1861; B § 269; BH § 2610; C § 2680; RL § 1055; NCL § 1513]

      NRS 111.063  Tenancy in common: Creation.  Tenancy in common in real or personal property may be created by a single conveyance from a husband and wife holding title as joint tenants to themselves, or to themselves and others, or to one of them and others, when such conveyance expressly declares that the grantees thereunder are tenants in common.

      (Added to NRS by 1965, 619)

      NRS 111.064  Tenancy in common or estate in community property: Creation; right of survivorship.

      1.  Estates as tenants in common or estates in community property may be created by conveyance from husband and wife to themselves or to themselves and others or from a sole owner to himself and others in the same manner as a joint tenancy may be created.

      2.  A right of survivorship does not arise when an estate in community property is created in a husband and wife, as such, unless the instrument creating the estate expressly declares that the husband and wife take the property as community property with a right of survivorship. This right of survivorship is extinguished whenever either spouse, during the marriage, transfers his interest in the community property.

      (Added to NRS by 1965, 618; A 1981, 1377)

      NRS 111.065  Joint tenancy in real and personal property: Creation.

      1.  Joint tenancy in real property may be created by a single will or transfer when expressly declared in the will or transfer to be a joint tenancy, or by transfer from a sole owner to himself and others, or from tenants in common to themselves, or to themselves and others, or to one of them and others, or from a husband and wife when holding title as community property or otherwise to themselves, or to themselves and others, or to one of them and others, when expressly declared in the transfer to be a joint tenancy, or when granted or devised to executors or trustees as joint tenants.

      2.  A joint tenancy in personal property may be created by a written transfer, agreement or instrument.

      [1:21:1939; 1931 NCL § 3710]—(NRS A 1965, 619)

      NRS 111.070  Fee simple: Words of inheritance not necessary.

      1.  The term “heirs,” or other words of inheritance, shall not be necessary to create or convey an estate in fee simple.

      2.  Every conveyance of any real property hereafter executed shall pass all the estate of the grantor, unless the intent to pass a less estate shall appear by express terms, or be necessarily implied in the terms of the grant.

      [42:9:1861; B § 270; BH § 2611; C § 2681; RL § 1056; NCL § 1514]

      NRS 111.075  “Heir” or “issue” in remainders.  Where a remainder in lands or tenements, goods or chattels shall be limited by deed or otherwise, to take effect on the death of any person without heirs, or heirs of his or her body, or without issue, the word “heir,” or “issue,” shall be construed to mean heirs or issue living at the death of the person named as ancestor.

      [43:9:1861; B § 271; BH § 2612; C § 2682; RL § 1057; NCL § 1515]

      NRS 111.080  Contingent future interest: Defeat on birth of posthumous child.  A future estate, depending on the contingency of the death of any person without heirs or issue, or children, shall be defeated by the birth of a posthumous child of such person capable of taking by descent.

      [44:9:1861; B § 272; BH § 2613; C § 2683; RL § 1058; NCL § 1516]

      NRS 111.085  Estates tail: Enjoyment by posthumous child.  Where an estate shall be any conveyance limited, in remainder, to the son or daughter or issue, or to use of the son or daughter or issue of any person to be begotten, such son or daughter or issue, born after the decease of his or her father, shall take the estate in the same proportion, and in the same manner, as if he or she had been born in the lifetime of the father, although no estate shall have been created or conveyed to support the contingent remainder after his death.

      [45:9:1861; B § 273; BH § 2614; C § 2684; RL § 1059; NCL § 1517]

      NRS 111.090  Grants of rents, reversions and remainders effective without attornments of tenants.  Grants of rents, or of reversions, or remainders, shall be good and effectual without attornments of the tenants; but no tenant who, before notice of the grant, shall have paid rent to the grantor shall suffer any damage thereby.

      [46:9:1861; B § 274; BH § 2615; C § 2685; RL § 1060; NCL § 1518]

      NRS 111.095  When attornment of tenant void.  The attornment of a tenant to a stranger shall be void unless it be with the consent of the landlord of such tenant, or in pursuance to, or in consequence of, a judgment or decree of some court of competent jurisdiction.

      [47:9:1861; B § 275; BH § 2616; C § 2686; RL § 1061; NCL § 1519]

      NRS 111.100  Lineal and collateral warranties abolished.  Lineal and collateral warranties, with all their incidents, are abolished; but the heirs and devisees of every person who shall have made any covenant or agreement in reference to the title of, in or to any real property, shall be answerable upon such covenant or agreement to the extent of the land descended or devised to them, in the cases and in the manner prescribed by law.

      [48:9:1861; B § 276; BH § 2617; C § 2687; RL § 1062; NCL § 1520]—(NRS A 1959, 418)

      NRS 111.101  Abolishment of Rule in Shelley’s Case.  If land is granted or devised to a person and after his death to his heirs or the heirs of his body, regardless of how the grant or devise is expressed, an estate for life vests in that person and his heirs take the remainder pursuant to the grant or devise and not through that person. The purpose of this section is to abolish the Rule in Shelley’s Case.

      (Added to NRS by 1983, 927)

      NRS 111.102  Abolishment of doctrine of destructibility of contingent remainders.  A contingent remainder is not destroyed by the termination of the preceding estate before the satisfaction of the condition upon which the remainder is contingent. If the condition is subsequently satisfied, the remainder takes effect in the same manner as a springing or shifting executory interest. The purpose of this section is to abolish the doctrine of the destructibility of contingent remainders.

      (Added to NRS by 1983, 928)

RULE AGAINST PERPETUITIES (UNIFORM ACT)

      NRS 111.103  Short title; uniformity of application and construction.  NRS 111.103 to 111.1039, inclusive:

      1.  May be cited as the Uniform Statutory Rule Against Perpetuities; and

      2.  Must be applied and construed to effectuate their general purpose to make uniform the law with respect to their subject among states enacting the Uniform Statutory Rule Against Perpetuities.

      (Added to NRS by 1983, 928; A 1987, 64)

      NRS 111.1031  Statutory rule against perpetuities.

      1.  A nonvested property interest is invalid unless:

      (a) When the interest is created, it is certain to vest or terminate no later than 21 years after the death of a natural person then alive; or

      (b) The interest either vests or terminates within 365 years after its creation.

      2.  A general power of appointment not presently exercisable because of a condition precedent is invalid unless:

      (a) When the power is created, the condition precedent is certain to be satisfied or become impossible to satisfy no later than 21 years after the death of a natural person then alive; or

      (b) The condition precedent either is satisfied or becomes impossible to satisfy within 365 years after its creation.

      3.  A nongeneral power of appointment or a general testamentary power of appointment is invalid unless:

      (a) When the power is created, it is certain to be irrevocably exercised or otherwise to terminate no later than 21 years after the death of a natural person then alive; or

      (b) The power is irrevocably exercised or otherwise terminates within 365 years after its creation.

      4.  In determining whether a nonvested property interest or a power of appointment is valid under paragraph (a) of subsection 1, paragraph (a) of subsection 2 or paragraph (a) of subsection 3, the possibility that a child will be born to a person after his or her death is disregarded.

      5.  If, in measuring a period from the creation of a trust or other property arrangement, language in a governing instrument seeks to disallow the vesting or termination of any interest or trust beyond, seeks to postpone the vesting or termination of any interest or trust until, or seeks to operate in effect in any similar fashion upon, the later of:

      (a) The expiration of a period of time not exceeding 21 years after the death of the survivor of specified lives in being at the creation of the trust or other property arrangement; or

      (b) The expiration of a period of time that exceeds or might exceed 21 years after the death of the survivor of lives in being at the creation of the trust or other property arrangement,

Ê that language is inoperative to the extent it produces a period of time that exceeds 21 years after the death of the survivor of the specified lives.

      (Added to NRS by 1987, 62; A 1991, 116; 2005, 537, 959)

      NRS 111.1033  When nonvested property interest or power of appointment created.

      1.  Except as provided in subsections 2 and 3 and in subsection 1 of NRS 111.1039, the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law.

      2.  For purposes of NRS 111.103 to 111.1039, inclusive, if there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of:

      (a) A nonvested property interest; or

      (b) A property interest subject to a power of appointment described in subsection 2 or 3 of NRS 111.1031,

Ê the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates. For purposes of NRS 111.103 to 111.1039, inclusive, a joint power with respect to community property held by persons married to each other is a power exercisable by one person alone.

      3.  For purposes of NRS 111.103 to 111.1039, inclusive, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created.

      (Added to NRS by 1987, 63)

      NRS 111.1035  Reformation.  Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor’s manifested plan of distribution and is within the 365 years allowed by paragraph (b) of subsection 1, paragraph (b) of subsection 2 or paragraph (b) of subsection 3 of NRS 111.1031 if:

      1.  A nonvested property interest or a power of appointment becomes invalid under NRS 111.1031;

      2.  A class gift is not but might become invalid under NRS 111.1031 and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or

      3.  A nonvested property interest that is not validated by paragraph (a) of subsection 1 of NRS 111.1031 can vest but not within 365 years after its creation.

      (Added to NRS by 1987, 63; A 2005, 538, 960)

      NRS 111.1037  Exclusions from statutory rule against perpetuities.  NRS 111.1031 does not apply to:

      1.  A nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment arising out of:

      (a) A premarital or postmarital agreement;

      (b) A separation or divorce settlement;

      (c) A spouse’s election;

      (d) A similar arrangement arising out of a prospective, existing or previous marital relationship between the parties;

      (e) A contract to make or not to revoke a will or trust;

      (f) A contract to exercise or not to exercise a power of appointment;

      (g) A transfer in satisfaction of a duty of support; or

      (h) A reciprocal transfer;

      2.  A fiduciary’s power relating to the administration or management of assets, including the power of a fiduciary to sell, lease or mortgage property, and the power of a fiduciary to determine principal and income;

      3.  A power to appoint a fiduciary;

      4.  A discretionary power of a trustee to distribute principal before termination of a trust to a beneficiary having an indefeasibly vested interest in the income and principal;

      5.  A nonvested property interest held by a charity, government, or governmental agency or subdivision, if the nonvested property interest is preceded by an interest held by another charity, government, or governmental agency or subdivision;

      6.  A nonvested property interest in or a power of appointment with respect to a trust or other property arrangement forming part of a pension, profit-sharing, stock bonus, health, disability, death benefit, income deferral, or other current or deferred benefit plan for one or more employees, independent contractors, or their beneficiaries or spouses, to which contributions are made for the purpose of distributing to or for the benefit of the participants or their beneficiaries or spouses the property, income or principal in the trust or other property arrangement, except a nonvested property interest or a power of appointment that is created by an election of a participant or a beneficiary or spouse; or

      7.  A property interest, power of appointment or arrangement that was not subject to the common-law rule against perpetuities or is expressly excluded by another statute of this state.

      (Added to NRS by 1987, 63)

      NRS 111.1039  Prospective application.

      1.  Except as extended by subsection 2, NRS 111.103 to 111.1037, inclusive, apply to a nonvested property interest or a power of appointment that is created on or after July 1, 1987. For purposes of this section only, a nonvested property interest or a power of appointment created by the exercise of a power of appointment is created when the power is irrevocably exercised or when a revocable exercise becomes irrevocable.

      2.  With respect to a nonvested property interest or a power of appointment that was created before July 1, 1987, and that violates the rule against perpetuities as that rule existed before that date, a court, upon the petition of an interested person, may exercise its equitable power to reform the disposition in the manner that most closely approximates the transferor’s manifested plan of distribution and is within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created.

      (Added to NRS by 1987, 64)

CONVEYANCING; STATUTE OF FRAUDS

      NRS 111.105  Conveyances by deed.  Conveyances of lands, or of any estate or interest therein, may be made by deed, signed by the person from whom the estate or interest is intended to pass, being of lawful age, or by his lawful agent or attorney, and acknowledged or proved, and recorded, as directed in this chapter.

      [1:9:1861; B § 228; BH § 2569; C § 2639; RL § 1017; NCL § 1475]

      NRS 111.109  Conveyance by deed which becomes effective upon death of grantor.

      1.  The owner of an interest in real property may create a deed that conveys his interest in real property to a grantee which becomes effective upon the death of the owner. Such a conveyance is subject to liens on the property in existence on the date of the death of the owner.

      2.  The owner of an interest in real property who creates a deed pursuant to subsection 1 may designate in the deed:

      (a) Multiple grantees who will take title to the property upon his death as joint tenants with right of survivorship, tenants in common, husband and wife as community property, community property with right of survivorship or any other tenancy that is recognized in this State.

      (b) A grantee or multiple grantees who will take title to the property upon his death as the sole and separate property of the grantee or grantees without the necessity of the filing of a quitclaim deed or disclaimer by the spouse of any grantee.

      3.  If the owner of the real property which is the subject of a deed created pursuant to subsection 1 holds the interest in the property as a joint tenant with right of survivorship or as community property with the right of survivorship and:

      (a) The deed includes a conveyance of the interest from each of the other owners, the deed becomes effective on the date of the death of the last surviving owner; or

      (b) The deed does not include a conveyance of the interest from each of the other owners, the deed becomes effective on the date of the death of the owner who created the deed only if the owner who conveyed his interest in real property to the grantee is the last surviving owner.

      4.  If an owner of an interest in real property who creates a deed pursuant to subsection 1 transfers his interest in the real property to another person during his lifetime, the deed created pursuant to subsection 1 is void.

      5.  If an owner of an interest in real property who creates a deed pursuant to subsection 1 executes and records more than one deed concerning the same real property, the deed that is last recorded before the death of the owner is the effective deed.

      6.  A deed created pursuant to subsection 1 is valid only if executed and recorded as provided by law in the office of the county recorder of the county in which the property is located before the death of the owner or the death of the last surviving owner. The deed must be in substantially the following form:

 

DEED

 

I (We) ......................... (owner) hereby convey to .......................... (grantee), effective on my (our) death, the following described real property:

(Legal Description)

 

THIS DEED IS REVOCABLE. THIS DEED DOES NOT TRANSFER ANY OWNERSHIP UNTIL THE DEATH OF THE GRANTOR. THIS DEED REVOKES ALL PRIOR DEEDS BY THE GRANTOR WHICH CONVEY THE SAME REAL PROPERTY PURSUANT TO SUBSECTION 1 OF NRS 111.109 REGARDLESS OF WHETHER THE PRIOR DEEDS FAILED TO CONVEY THE GRANTOR’S ENTIRE INTEREST IN THE SAME REAL PROPERTY.

 

                                                                                                .......................................................

(Signature of Grantor)

 

      7.  A deed created pursuant to subsection 1 may be revoked at any time by the owner or, if there is more than one owner, by any of the owners who created the deed. The revocation is valid only if executed and recorded as provided by law in the office of the county recorder of the county in which the property is located before the death of the owner who executes the revocation. If the property is held as joint tenants with right of survivorship or as community property with the right of survivorship and the revocation is not executed by all of the owners, the revocation does not become effective unless the revocation is executed and recorded by the last surviving owner. The revocation of deed must be in substantially the following form:

 

REVOCATION OF DEED

 

The undersigned hereby revokes the deed recorded on .................. (date), in docket or book ....................., at page .........., or instrument number ...................., records of ........................... County, Nevada.

                                      .............................................................................................................

                (Date)                                                                                             (Signature)

 

      8.  Upon the death of the last grantor of a deed created pursuant to subsection 1, a declaration of value of real property pursuant to NRS 375.060 and a copy of the death certificate of each grantor must be attached to a Death of Grantor Affidavit and recorded in the office of the county recorder where the deed was recorded. The Death of Grantor Affidavit must be in substantially the following form:

 

DEATH OF GRANTOR AFFIDAVIT

 

.................................... (affiant name), being duly sworn, deposes and says that ............................... (name of deceased), the decedent mentioned in the attached certified copy of the Certificate of Death, is the same person as .................................... (name of grantor), named as the grantor or as one of the grantors in the deed recorded on ................... (date), in docket or book ........................., at page .........., or instrument number ...................., records of ............................ County, Nevada, covering the following described property:

(Legal Description)

.................................... (affiant name) is the grantee or at least one of the grantees to whom the real property is conveyed upon the death of the grantor ................................ (name of deceased) or is the authorized representative of the grantee or at least one of the grantees.

                                      .............................................................................................................

                (Date)                                                                                             (Signature)

 

      9.  The provisions of this section must not be construed to limit the recovery of benefits paid for Medicaid.

      (Added to NRS by 2003, 2507; A 2005, 960)

      NRS 111.115  Proof of execution of conveyance.  The proof of the execution of any conveyance, whereby any real property is conveyed, or may be affected, shall be:

      1.  By the testimony of a subscribing witness; or

      2.  When all the subscribing witnesses are dead, or cannot be had, by evidence of the handwriting of the party, and of at least one subscribing witness, given by a credible witness to each signature.

      [10:9:1861; B § 238; BH § 2579; C § 2649; RL § 1027; NCL § 1485]

      NRS 111.120  Conditions necessary before proof by subscribing witness can be taken.  No proof by a subscribing witness shall be taken unless the witness shall be personally known to the person taking the proof to be the person whose name is subscribed to the conveyance as witness thereto, or shall be proved to be such by the oath or affirmation of a credible witness.

      [11:9:1861; B § 239; BH § 2580; C § 2650; RL § 1028; NCL § 1486]

      NRS 111.125  Proof required from subscribing witnesses.  No certificate of proof shall be granted unless subscribing witnesses shall prove:

      1.  That the person whose name is subscribed thereto as a party is the person described in, and who executed the same.

      2.  That such person executed the conveyance.

      3.  That such witness subscribed his name thereto as a witness thereof.

      [12:9:1861; B § 240; BH § 2581; C § 2651; RL § 1029; NCL § 1487]

      NRS 111.130  Contents of certificate of proof.  The certificate of proof shall set forth the following matters:

      1.  The fact that the subscribing witness was personally known to the person granting the certificate to be the person whose name is subscribed to such conveyance as a witness thereto, or was proved to be such by oath or affirmation of a witness, whose name shall be inserted in the certificate.

      2.  The proof given by such witness of the execution of such conveyance, and of the fact that the person whose name is subscribed to such conveyance as a party thereto is the person who executed the same, and that such witness subscribed his name to such conveyance as a witness thereof.

      [13:9:1861; B § 241; BH § 2582; C § 2652; RL § 1030; NCL § 1488]

      NRS 111.135  When proof by evidence of handwriting may be taken.  No proof by evidence of the handwriting of the party, and of a subscribing witness, shall be taken, unless the person taking the same shall be satisfied that all the subscribing witnesses to the conveyance are dead, or cannot be had to prove the execution thereof.

      [14:9:1861; B § 242; BH § 2583; C § 2653; RL § 1031; NCL § 1489]

      NRS 111.140  Statements of witnesses under oath before certificate granted.  No certificate of any such proof shall be granted unless:

      1.  A competent and credible witness shall state, on oath or affirmation, that he personally knew the person whose name is subscribed thereto as a party, well knew his signature (stating his means of knowledge), and believes the name of the person subscribed thereto as a party was subscribed by such person.

      2.  A competent and credible witness shall, in like manner, state that he personally knew the person whose name is subscribed to such conveyance as a witness, well knew his signature (stating his means of knowledge), and believes the name subscribed thereto as a witness was thereto subscribed by such person.

      [15:9:1861; B § 243; BH § 2584; C § 2654; RL § 1032; NCL § 1490]

      NRS 111.145  Witnesses to conveyance may be subpoenaed.  Upon the application of any grantee in any conveyance required by this chapter to be recorded, or by any person claiming under such grantee, verified under the oath of the applicant, that any witness to such conveyance, residing in the county where such application is made, refuses to appear and testify touching the execution thereof, and that such conveyance cannot be proved without his evidence, any person authorized to take the acknowledgment or proof of such conveyance may issue a subpoena requiring such witness to appear before such person and testify touching the execution thereof.

      [16:9:1861; B § 244; BH § 2585; C § 2655; RL § 1033; NCL § 1491]

      NRS 111.150  Penalty for failure of witness to appear when subpoenaed.

      1.  Every person who, being served with a subpoena, shall, without reasonable cause, refuse or neglect to appear, or appearing shall refuse to answer upon oath touching the matters stated in NRS 111.145:

      (a) Shall be liable to the party injured in the sum of $100, and for such damages as may be sustained by him on account of such neglect or refusal; and

      (b) May be committed to jail by the judge of some court of record, there to remain, without bail, until he shall submit to answer upon oath as stated aforesaid.

      2.  No person shall be required to attend who resides out of the county in which the proof is to be taken, nor unless his reasonable expenses shall have been first tendered to him.

      [17:9:1861; B § 245; BH § 2586; C § 2656; RL § 1034; NCL § 1492]

      NRS 111.155  Conveyance acknowledged or proved may be read in evidence.  Every conveyance, or other instrument, conveying or affecting real property, which shall be acknowledged, or proved and certified, as prescribed in this chapter, may, together with the certificate of acknowledgment, or proof, be read in evidence without further proof.

      [29:9:1861; B § 257; BH § 2598; C § 2668; RL § 1043; NCL § 1501]

      NRS 111.160  After-acquired title passes to grantee.  If any person shall convey any real property, by conveyance purporting to convey the same in fee simple absolute, and shall not at the time of such conveyance have the legal estate in such real property but shall afterward acquire the same, the legal estate subsequently acquired shall immediately pass to the grantee, and such conveyance shall be valid as if such legal estate had been in the grantor at the time of the conveyance.

      [33:9:1861; B § 261; BH § 2602; C § 2672; RL § 1047; NCL § 1505]

      NRS 111.165  Adverse possession does not prevent sale and conveyance.  Any person claiming title to any real property may, notwithstanding there may be an adverse possession thereof, sell and convey his interest therein in the same manner and with the same effect as if he was in actual possession thereof.

      [34:9:1861; B § 262; BH § 2603; C § 2673; RL § 1048; NCL § 1506]

      NRS 111.167  Presumption of conveyance with land: Water rights, permits, certificates and applications appurtenant to land.  Unless the deed conveying land specifically provides otherwise, all:

      1.  Applications and permits to appropriate any of the public waters;

      2.  Certificates of appropriation;

      3.  Adjudicated or unadjudicated water rights; and

      4.  Applications or permits to change the place of diversion, manner of use or place of use of water,

Ê which are appurtenant to the land are presumed to be conveyed with the land.

      (Added to NRS by 1995, 438)

      NRS 111.170  Construction of words “grant, bargain and sell” in conveyances; suit upon covenants.

      1.  The words “grant, bargain and sell” in all conveyances made after December 2, 1861, in and by which any estate of inheritance or fee simple is to be passed, shall, unless restrained by express terms contained in such conveyances, be construed to be the following express covenants, and none other, on the part of the grantor, for himself and his heirs to the grantee, his heirs, and assigns:

      (a) That previous to the time of the execution of the conveyance the grantor has not conveyed the same real property, or any right, title, or interest therein, to any person other than the grantee.

      (b) That the real property is, at the time of the execution of the conveyance, free from encumbrances, done, made or suffered by the grantor, or any person claiming under him.

      2.  Such covenants may be sued upon in the same manner as if they had been expressly inserted in the conveyance.

      [49:9:1861; B § 277; BH § 2618; C § 2688; RL § 1063; NCL § 1521]

      NRS 111.175  Conveyances made to defraud prior or subsequent purchasers are void.  Every conveyance of any estate, or interest in lands, or the rents and profits of lands, and every charge upon lands, or upon the rents and profits thereof, made and created with the intent to defraud prior or subsequent purchasers for a valuable consideration of the same lands, rents or profits, as against such purchasers, shall be void.

      [50:9:1861; B § 278; BH § 2619; C § 2689; RL § 1064; NCL § 1522]—(NRS R 1959, 418; reenacted 1960, 324)

      NRS 111.180  Conveyance not deemed fraudulent in favor of subsequent purchaser with notice unless grantee privy to fraud.  No such conveyance, or charge, shall be deemed fraudulent in favor of a subsequent purchaser who shall have legal notice thereof at the time of his purchase, unless it shall appear that the grantee in such conveyance, or person to be benefited by such charge, was privy to the fraud intended.

      [51:9:1861; B § 279; BH § 2620; C § 2690; RL § 1065; NCL § 1523]—(NRS R 1959, 418; reenacted 1960, 324)

      NRS 111.185  Power of revocation at will.  Every conveyance or charge of or upon any estate or interest in lands, containing any provision for the revocation, determination or alteration of such estate or interest, or any part thereof, at the will of the grantor, shall be void, as against subsequent purchasers from the grantor for a valuable consideration, of any estate or interest, so liable to be revoked or determined, although the same be not directly revoked, determined or altered by the grantor, by virtue of the power reserved, or expressed in such prior conveyance or charge.

      [52:9:1861; B § 280; BH § 2621; C § 2691; RL § 1066; NCL § 1524]

      NRS 111.190  Revocation and reconveyance.  Where a power to revoke a conveyance of lands, or the rents and profits thereof, and to reconvey the same, shall be given to any person other than the grantor in such conveyance, and such person shall thereafter convey the same lands, rents or profits to a purchaser for a valuable consideration, such subsequent conveyance shall be valid in the same manner, and to the same extent, as if the power of revocation were recited therein, and the intent to revoke the former conveyance expressly declared.

      [53:9:1861; B § 281; BH § 2622; C § 2692; RL § 1067; NCL § 1525]

      NRS 111.195  Effect of conveyance made before power of revocation can be exercised.  If a conveyance to a purchaser, under either NRS 111.185 or 111.190, shall be made before the person making the same shall be entitled to execute his power of revocation, it shall, nevertheless, be valid from the time the power of revocation shall actually vest in such person, in the same manner, and to the same extent, as if then made.

      [54:9:1861; B § 282; BH § 2623; C § 2693; RL § 1068; NCL § 1526]

      NRS 111.200  Limitations on terms of leases.

      1.  No agricultural or grazing lands within the state shall hereafter be conveyed for agricultural or grazing purposes by lease or otherwise, except in fee and perpetual succession, for a longer period than 25 years.

      2.  No other lands or real property shall be so conveyed for a longer period than 99 years.

      3.  All leases hereafter made contrary to the provisions of this chapter shall be void as to any periods of time in excess of those enumerated in subsections 1 and 2.

      [78:9:1861; A 1923, 314; 1929, 364; 1951, 237]—(NRS A 1959, 96; 1963, 60)

      NRS 111.205  No estate created in land unless by operation of law or written conveyance; leases for terms not exceeding 1 year.

      1.  No estate or interest in lands, other than for leases for a term not exceeding 1 year, nor any trust or power over or concerning lands, or in any manner relating thereto, shall be created, granted, assigned, surrendered or declared after December 2, 1861, unless by act or operation of law, or by deed or conveyance, in writing, subscribed by the party creating, granting, assigning, surrendering or declaring the same, or by his lawful agent thereunto authorized in writing.

      2.  Subsection 1 shall not be construed to affect in any manner the power of a testator in the disposition of his real property by a last will and testament, nor to prevent any trust from arising or being extinguished by implication or operation of law.

      [55:9:1861; B § 283; BH § 2624; C § 2694; RL § 1069; NCL § 1527] + [56:9:1861; B § 284; BH § 2625; C § 2695; RL § 1070; NCL § 1528]

      NRS 111.210  Contracts for sale or lease of land for periods in excess of 1 year void unless in writing.

      1.  Every contract for the leasing for a longer period than 1 year, or for the sale of any lands, or any interest in lands, shall be void unless the contract, or some note or memorandum thereof, expressing the consideration, be in writing, and be subscribed by the party by whom the lease or sale is to be made.

      2.  Every instrument required to be subscribed by any person under subsection 1 may be subscribed by the agent of the party lawfully authorized.

      [57:9:1861; B § 285; BH § 2626; C § 2696; RL § 1071; NCL § 1529] + [58:9:1861; B § 286; BH § 2627; C § 2697; RL § 1072; NCL § 1530]

      NRS 111.220  Agreements not in writing: When void.  In the following cases every agreement is void, unless the agreement, or some note or memorandum thereof expressing the consideration, is in writing, and subscribed by the person charged therewith:

      1.  Every agreement that, by the terms, is not to be performed within 1 year from the making thereof.

      2.  Every special promise to answer for the debt, default or miscarriage of another.

      3.  Every promise or undertaking made upon consideration of marriage, except mutual promises to marry.

      4.  Every promise or commitment to loan money or to grant or extend credit in an original principal amount of at least $100,000 made by a person engaged in the business of lending money or extending credit.

      5.  Every promise or commitment to pay a fee for obtaining a loan of money or an extension of credit for another person if the fee is $1,000 or more.

      [61:9:1861; B § 289; BH § 2630; C § 2700; RL § 1075; NCL § 1533]—(NRS A 1989, 285)

      NRS 111.235  Grants and assignments of existing trusts to be in writing or are void.  Every grant or assignment of any existing trust in lands, goods or things in action, unless the same shall be in writing, subscribed by the person making the same, or by his agent lawfully authorized, shall be void.

      [70:9:1861; B § 298; BH § 2639; C § 2709; RL § 1084; NCL § 1541]

VOIDABLE RESTRICTIONS AND PROHIBITIONS

      NRS 111.237  Prohibition or restriction based on race, color, religion, ancestry or national origin.

      1.  Every provision in a written instrument relating to real property which purports to forbid or restrict the conveyance, encumbrance, leasing or mortgaging of such real property to any person of a specified race, color, religion, ancestry or national origin is voidable by the grantee, his successors and assigns in the manner prescribed in subsection 3 and every restriction or prohibition as to the use or occupation of real property because of the user’s or occupier’s race, color, religion, ancestry or national origin is voidable by the grantee, his successors and assigns in the manner prescribed in subsection 3.

      2.  Every restriction or prohibition, whether by way of covenant, condition upon use or occupation, or upon transfer of title to real property, which restriction or prohibition directly or indirectly limits the acquisition, use or occupation of such property because of the acquirer’s, user’s or occupier’s race, color, religion, ancestry or national origin is voidable by the grantee, his successors and assigns in the manner prescribed in subsection 3.

      3.  The owner or owners of any real property subject to any restriction or prohibition specified in subsections 1 and 2 may record an affidavit declaring such restrictions or prohibitions to be void in the office of the county recorder in which such real property is located, and such recording shall operate to remove such restrictions or prohibitions.

      (Added to NRS by 1965, 763)

      NRS 111.238  Prohibition on display of flag of the United States on property.

      1.  Except as otherwise provided in subsection 2, any covenant, condition or restriction contained in a deed, contract or other legal instrument which affects the transfer, sale or any other interest in real property that prohibits the owner of the property from engaging in the display of the flag of the United States on his property is void and unenforceable.

      2.  The provisions of this section do not apply to the display of the flag of the United States for commercial advertising purposes.

      3.  In any action commenced to enforce the provisions of this section, the prevailing party is entitled to recover reasonable attorney’s fees and costs.

      4.  As used in this section, “display of the flag of the United States” means a flag of the United States that is:

      (a) Made of cloth, fabric or paper;

      (b) Displayed from a pole or staff or in a window; and

      (c) Displayed in a manner that is consistent with 4 U.S.C. chapter 1.

Ê The term does not include a depiction or emblem of the flag of the United States that is made of balloons, flora, lights, paint, paving materials, roofing, siding or any other similar building, decorative or landscaping component.

      (Added to NRS by 2003, 2966)

      NRS 111.239  Prohibition or restriction on use of system for obtaining solar or wind energy on property.

      1.  Any covenant, restriction or condition contained in a deed, contract or other legal instrument which affects the transfer, sale or any other interest in real property that prohibits or unreasonably restricts the owner of the property from using a system for obtaining solar or wind energy on his property is void and unenforceable.

      2.  For the purposes of this section, “unreasonably restricts the use of a system for obtaining solar or wind energy” means placing a restriction or requirement on the use of such a system which significantly decreases the efficiency or performance of the system and does not allow for the use of an alternative system at a comparable cost and with comparable efficiency and performance.

      (Added to NRS by 1995, 1105; A 2005, 1819)

ACKNOWLEDGMENT OF INSTRUMENTS

      NRS 111.240  Acknowledgment of conveyances.  Every conveyance in writing whereby any real property is conveyed or may be affected must be acknowledged or proved and certified in the manner provided in this chapter and in NRS 240.161 to 240.169, inclusive.

      [3:9:1861; B § 230; BH § 2571; C § 2641; RL § 1019; NCL § 1477]—(NRS A 1993, 204)

      NRS 111.265  Persons authorized to take acknowledgment or proof within State.  The proof or acknowledgment of every conveyance affecting any real property, if acknowledged or proved within this State, must be taken by one of the following persons:

      1.  A judge or a clerk of a court having a seal.

      2.  A notary public.

      3.  A justice of the peace.

      [Part 4:9:1861; A 1867, 103; B § 231; BH § 2572; C § 2642; RL § 1020; NCL § 1478]—(NRS A 1985, 1209; 1987, 123)

RECORDING

      NRS 111.310  Instruments entitled to recordation; patents need not be acknowledged.

      1.  Except as otherwise provided in NRS 111.312, a certificate of the acknowledgment of any conveyance or other instrument in any way affecting the title to real or personal property, or the proof of the execution thereof, as provided in this chapter, signed by the person taking the same, and under the seal or stamp of that person, if he is required by law to have a seal or stamp, entitles the conveyance or instrument, with the certificate or certificates, to be recorded in the office of the recorder of any county in this state.

      2.  Any state or United States contract or patent for land may be recorded without any acknowledgment or proof.

      [18:9:1861; A 1909, 270; RL § 1035; NCL § 1493]—(NRS A 1969, 491; 1989, 1645)

      NRS 111.312  Requirements for recording certain documents relating to real property.

      1.  The county recorder shall not record with respect to real property, a notice of completion, a declaration of homestead, a lien or notice of lien, an affidavit of death, a mortgage or deed of trust, or any conveyance of real property or instrument in writing setting forth an agreement to convey real property unless the document being recorded contains:

      (a) The mailing address of the grantee or, if there is no grantee, the mailing address of the person who is requesting the recording of the document; and

      (b) Except as otherwise provided in subsection 2, the assessor’s parcel number of the property at the top left corner of the first page of the document, if the county assessor has assigned a parcel number to the property. The parcel number must comply with the current system for numbering parcels used by the county assessor’s office. The county recorder is not required to verify that the assessor’s parcel number is correct.

      2.  Any document relating exclusively to the transfer of water rights may be recorded without containing the assessor’s parcel number of the property.

      3.  The county recorder shall not record with respect to real property any deed, including, without limitation:

      (a) A grant, bargain or deed of sale;

      (b) Quitclaim deed;

      (c) Warranty deed; or

      (d) Trustee’s deed upon sale,

Ê unless the document being recorded contains the name and address of the person to whom a statement of the taxes assessed on the real property is to be mailed.

      4.  The assessor’s parcel number shall not be deemed to be a complete legal description of the real property conveyed.

      5.  Except as otherwise provided in subsection 6, if a document that is being recorded includes a legal description of real property that is provided in metes and bounds, the document must include the name and mailing address of the person who prepared the legal description. The county recorder is not required to verify the accuracy of the name and mailing address of such a person.

      6.  If a document including the same legal description described in subsection 5 previously has been recorded, the document must include all information necessary to identify and locate the previous recording, but the name and mailing address of the person who prepared the legal description is not required for the document to be recorded. The county recorder is not required to verify the accuracy of the information concerning the previous recording.

      (Added to NRS by 1989, 1645; A 1999, 885; 2001, 478, 1558, 1754; 2003, 53, 55, 2781, 3190)

      NRS 111.315  Recording of conveyances and instruments: Notice to third persons.  Every conveyance of real property, and every instrument of writing setting forth an agreement to convey any real property, or whereby any real property may be affected, proved, acknowledged and certified in the manner prescribed in this chapter, to operate as notice to third persons, shall be recorded in the office of the recorder of the county in which the real property is situated or to the extent permitted by NRS 105.010 to 105.080, inclusive, in the office of the Secretary of State, but shall be valid and binding between the parties thereto without such record.

      [24:9:1861; B § 252; BH § 2593; C § 2663; RL § 1038; NCL § 1496]—(NRS A 1995, 891)

      NRS 111.320  Filing of conveyances or other instruments is notice to all persons: Effect on subsequent purchasers and mortgagees.  Every such conveyance or instrument of writing, acknowledged or proved and certified, and recorded in the manner prescribed in this chapter or in NRS 105.010 to 105.080, inclusive, must from the time of filing the same with the Secretary of State or recorder for record, impart notice to all persons of the contents thereof; and subsequent purchasers and mortgagees shall be deemed to purchase and take with notice.

      [25:9:1861; B § 253; BH § 2594; C § 2664; RL § 1039; NCL § 1497]—(NRS A 1995, 891)

      NRS 111.325  Unrecorded conveyances void as against subsequent bona fide purchaser for value when conveyance recorded.  Every conveyance of real property within this State hereafter made, which shall not be recorded as provided in this chapter, shall be void as against any subsequent purchaser, in good faith and for a valuable consideration, of the same real property, or any portion thereof, where his own conveyance shall be first duly recorded.

      [26:9:1861; A 1935, 34; 1931 NCL § 1498]

      NRS 111.340  Certificate of acknowledgment and record may be rebutted.  Neither the certificate of the acknowledgment nor of the proof of any conveyance or instrument, nor the record, nor the transcript of the record, of such conveyance or instrument, shall be conclusive, but the same may be rebutted.

      [31:9:1861; B § 259; BH § 2600; C § 2670; RL § 1045; NCL § 1503]

      NRS 111.345  Proof taken upon oath of incompetent witness: Instrument not admissible until established by competent proof.  If the party contesting the proof of any conveyance or instrument shall make it appear that any such proof was taken upon the oath of an incompetent witness, neither such conveyance or instrument, nor the record thereof, shall be received in evidence, until established by other competent proof.

      [32:9:1861; B § 260; BH § 2601; C § 2671; RL § 1046; NCL § 1504]

      NRS 111.347  Recording defective instrument: Notice to subsequent purchasers; admissibility in evidence.  Any instrument affecting the title to real property, 3 years after the instrument has been copied into the proper book of record kept in the office of any county recorder, imparts notice of its contents to subsequent purchasers and encumbrancers, notwithstanding any defect, omission or informality in the execution of the instrument, or in the certificate of acknowledgment thereof, or the absence of any such certificate; but nothing herein affects the rights of purchasers or encumbrancers previous to March 27, 1935. When such copying in the proper book of record occurred within 5 years prior to the trial of an action, the instrument is not admissible in evidence unless it is first shown that the original instrument was genuine.

      (Added to NRS by 1971, 803)

      NRS 111.350  Conveyances or other instruments recorded before December 17, 1862: Notice to subsequent purchasers; certified copies as evidence.

      1.  All instruments of writing copied into the proper books of record of the offices of the county recorders of the several counties of the Territory of Nevada prior to December 17, 1862, shall, after December 17, 1862, be deemed to impart to subsequent purchasers and encumbrancers, and all other persons whomsoever, notice of all deeds, mortgages, powers of attorney, contracts, conveyances or other instruments, notwithstanding any defect, omission or informality existing in the execution, acknowledgment or certificate of recording the same.

      2.  Nothing contained in this section shall be construed to affect any rights acquired prior to December 17, 1862, in the hands of subsequent grantees or assignees.

      3.  Certified copies of such instruments as are embraced in subsection 1 may be read in evidence under the same circumstances and rules as are now or may hereafter be provided by law for using copies of instruments duly executed and recorded. Proof shall be first made that the instruments, copies of which it is proposed to use, were genuine instruments and were in truth executed by the grantor or grantors therein named.

      [1:32:1862; B § 311; BH § 2648; C § 2718; RL § 1093; NCL § 1551] + [2:32:1862; B § 312; BH § 2649; C § 2719; RL § 1094; NCL § 1552]

      NRS 111.353  Recording of master form mortgages and deeds of trust; incorporation of provisions by reference in subsequently recorded instruments.  A mortgage or deed of trust of real property may be recorded and be constructive notice of such mortgage or deed of trust and the contents thereof in the following manner:

      1.  Any person may record in the office of the county recorder of any county master form mortgages and deeds of trust of real property, which:

      (a) Need not be acknowledged or proved or certified to be recorded or entitled to record.

      (b) Shall have noted upon the face thereof that they are master forms.

      (c) Shall be indexed and recorded by the county recorder in the same manner as other mortgages and deeds of trust are recorded, and the county recorder shall note on all indexes and records of such documents that they are master forms.

      2.  Thereafter, any of the provisions of any such recorded master form mortgage or deed of trust may be included for any and all purposes in any mortgage or deed of trust by reference therein to any such provisions, without setting them forth in full, if such master form mortgage or deed of trust is of record in the county in which the mortgage or deed of trust adopting or including by reference any of the provisions of such master form mortgage or deed of trust is recorded.

      3.  Such reference shall contain a statement as to the following:

      (a) Each county in which the mortgage or deed of trust containing such a reference is recorded;

      (b) The date such master form mortgage or deed of trust was recorded;

      (c) The county recorder’s office where the master form mortgage or deed of trust is recorded, and the book or volume and the first page of the records in the recorder’s office wherein and at which any such master form mortgage or deed of trust was recorded; and

      (d) By paragraph numbers or any other method that will definitely identify such provisions, the specific provisions of any such master form mortgage or deed of trust that are being so adopted and included therein.

      4.  The recording of any such mortgage or deed of trust which has included therein any such provisions by reference as provided in this section shall operate as constructive notice of the whole of such mortgage or deed of trust, including the terms, as a part of the written contents of any such mortgage or deed of trust, of any such provisions so included by reference as though such provisions were written in full therein.

      5.  The parties bound or to be bound by provisions so adopted and included by reference shall be bound thereby in the same manner and with like effect for all purposes as though such provisions had been and were set forth in full in any such mortgage or deed of trust.

      (Added to NRS by 1967, 766)

      NRS 111.355  Recordation of only part of instrument under certain conditions.  A document or paper may be presented for the recordation of only a part of its contents if:

      1.  The part to be recorded is a mortgage or deed of trust, entitled to recordation, which refers to and incorporates:

      (a) Provisions of a master form mortgage or deed of trust as authorized by NRS 111.353; or

      (b) Provisions of some other instrument previously recorded in the office of any county recorder; and

      2.  The part not to be recorded is separated from the part to be recorded and clearly marked “do not record” or “not to be recorded” or the like.

Ê The county recorder shall record only the mortgage or deed of trust set forth on such document or paper.

      (Added to NRS by 1967, 767)

      NRS 111.365  Recording affidavit of death of joint tenant or spouse holding community property with right of survivorship creates disputable presumption title vested in survivor; county recorder to send information contained in affidavits monthly to Department of Health and Human Services.

      1.  In the case of real property owned by two or more persons as joint tenants or as community property with right of survivorship, it is presumed that all title or interest in and to that real property of each of one or more deceased joint tenants or the deceased spouse has terminated, and vested solely in the surviving joint tenant or spouse or vested jointly in the surviving joint tenants, if there has been recorded in the office of the recorder of the county or counties in which the real property is situate an affidavit, subscribed and sworn to by a person who has knowledge of the facts required in this subsection, which sets forth the following:

      (a) The family relationship, if any, of the affiant to each deceased joint tenant or the deceased spouse;

      (b) A description of the instrument or conveyance by which the joint tenancy or right of survivorship was created;

      (c) A description of the property subject to the joint tenancy or right of survivorship; and

      (d) The date and place of death of each deceased joint tenant or the deceased spouse.

      2.  Each month, a county recorder shall send all the information contained in each affidavit received by him pursuant to subsection 1 during the immediately preceding month to the Department of Health and Human Services in any format and by any medium approved by the Department.

      (Added to NRS by 1971, 803; A 1983, 667; 1991, 461; 1995, 2571; 1999, 885; 2003, 878)

EASEMENT FOR COLLECTION OF SOLAR ENERGY

      NRS 111.370  Creation of easement by grant; signing, recording and contents of instrument creating easement.

      1.  An easement for collection of solar energy may be created by a grant from the owner of neighboring land to the owner of land on which equipment for the collection of solar energy has been or is planned to be installed.

      2.  The easement is an interest in real property.

      3.  The grant must be expressed in a written instrument, signed by the grantor. When acknowledged, the instrument must be recorded by the county recorder in the county where the burdened and benefited lands are situated.

      4.  The instrument must include a description of:

      (a) The burdened and benefited lands.

      (b) The location, size and periods of operation of the equipment to be used in collecting the solar energy.

      (c) The open area to be preserved for passage of direct solar radiation across the burdened land to the collecting equipment, by dimensions or bearings from the collecting equipment or by a statement that no obstructions which cast a shadow on the equipment during its periods of operation are allowed on the burdened land.

      (Added to NRS by 1979, 469)

      NRS 111.375  Vesting of easement; effect of transfer of land.

      1.  An easement for the collection of solar energy becomes vested in a grantee upon the recording of the grant.

      2.  The easement is appurtenant to the benefited land. The benefit of the easement passes with the benefited land and the burden of the easement passes with the burdened land upon any transfer, voluntary or involuntary, of the respective lands.

      (Added to NRS by 1979, 470)

      NRS 111.380  Termination, modification or extinguishment of easement.  An easement for the collection of solar energy:

      1.  Terminates upon the expiration of a period of limitation specified in the grant creating the easement.

      2.  Terminates upon recording of a release of the easement by the owner of the benefited land.

      3.  May be modified or extinguished by an order of a court based upon principles of equity, changes in conditions or abandonment.

      (Added to NRS by 1979, 470)

EASEMENTS FOR CONSERVATION

      NRS 111.390  General purpose.  The general purpose of NRS 111.390 to 111.440, inclusive, is to make uniform the law of those states which enact the Uniform Conservation Easement Act or provisions substantially similar to that act.

      (Added to NRS by 1983, 687)

      NRS 111.400  Scope.

      1.  NRS 111.390 to 111.440, inclusive, apply to any interest in real property created:

      (a) On or after July 1, 1983, which complies with those sections, whether designated as an easement for conservation or as a covenant, equitable servitude, restriction, easement or otherwise; or

      (b) Before July 1, 1983, if the interest would have been enforceable had it been created after July 1, 1983, except that the interest is not enforceable against a bona fide purchaser of the real property for value or the holder of an encumbrance on real property if:

             (1) The purchase or encumbrance of the real property was made after the easement for conservation was created but before July 1, 1983; and

             (2) The easement for conservation was not enforceable at the time of the purchase or encumbrance of the real property under other law of this State.

      2.  Those sections do not invalidate any interest in real property whether designated as an easement for conservation or preservation or as a covenant, equitable servitude, restriction, easement or otherwise, which is enforceable under other law of this State.

      (Added to NRS by 1983, 687)

      NRS 111.410  Definitions.  As used in NRS 111.390 to 111.440, inclusive, unless the context otherwise requires:

      1.  “Easement for conservation” means a nonpossessory interest of a holder in real property, which imposes limitations or affirmative obligations and:

      (a) Retains or protects natural, scenic or open-space values of real property;

      (b) Assures the availability of real property for agricultural, forest, recreational or open-space use;

      (c) Protects natural resources;

      (d) Maintains or enhances the quality of air or water; or

      (e) Preserves the historical, architectural, archeological or cultural aspects of real property.

      2.  “Holder” means:

      (a) A governmental body empowered to hold an interest in real property; or

      (b) A charitable corporation, charitable association or charitable trust which has among its powers or purposes to:

             (1) Retain or protect the natural, scenic or open-space values of real property;

             (2) Assure the availability of real property for agricultural, forest, recreational or open-space use;

             (3) Protect natural resources;

             (4) Maintain or enhance the quality of air or water; or

             (5) Preserve the historical, architectural, archeological or cultural aspects of real property.

      3.  “Right of enforcement by a third person” means a right provided in an easement for conservation to enforce any of the easement’s terms granted to a governmental body, charitable corporation, charitable association or charitable trust who is not a holder of the easement although qualified to be one.

      (Added to NRS by 1983, 687)

      NRS 111.420  Creation; recording; duration; effect on existing interest in real property.

      1.  Except as otherwise provided in NRS 111.390 to 111.440, inclusive, an easement for conservation may be created, conveyed, recorded, assigned, released, modified, terminated or otherwise altered or affected in the same manner as other easements.

      2.  No right or duty in favor of or against a holder and no right of enforcement in favor of a third person arises under an easement for conservation before it is accepted by the holder and the acceptance is recorded.

      3.  An easement for conservation is unlimited in duration unless:

      (a) The instrument creating it otherwise provides; or

      (b) A court orders that the easement be terminated or modified, according to subsection 2 of NRS 111.430.

      4.  An interest in real property existing at the time the easement for conservation is created is not impaired by the easement unless the owner of the interest is a party to the easement or consents to it.

      (Added to NRS by 1983, 688)

      NRS 111.430  Actions affecting easements for conservation.

      1.  An action affecting an easement for conservation may be brought by:

      (a) An owner of an interest in the real property burdened by the easement;

      (b) A holder of the easement;

      (c) A third person with a right of enforcement; or

      (d) A person authorized by other law.

      2.  NRS 111.390 to 111.440, inclusive, do not affect the power of a court to modify or terminate an easement for conservation in accordance with the principles of law and equity.

      (Added to NRS by 1983, 688)

      NRS 111.440  Validity.  An easement for conservation is valid even though:

      1.  It is not appurtenant to an interest in real property;

      2.  It can be or has been assigned to another holder;

      3.  It is not of a character that has been recognized traditionally at common law;

      4.  It imposes a negative burden;

      5.  It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder;

      6.  The benefit does not touch or concern real property; or

      7.  There is no privity of estate or of contract.

      (Added to NRS by 1983, 689)

ATTORNEYS-IN-FACT AND AGENTS

      NRS 111.450  Power of attorney to convey real property: Acknowledgment; recordation and revocation.

      1.  Every power of attorney, or other instrument in writing, containing the power to convey any real property as agent or attorney for the owner thereof, or to execute, as agent or attorney for another, any conveyance whereby any real property is conveyed, or may be affected, shall be acknowledged, or proved and certified, and recorded as other conveyances whereby real property is conveyed or affected are required to be acknowledged, or proved and certified, and recorded.

      2.  No such power of attorney or other instrument, certified and recorded in the manner prescribed in subsection 1, shall be deemed to be revoked by any act of the party by whom it was executed, until the instrument containing such revocation shall be deposited for record in the same office in which the instrument containing the power is recorded.

      [27:9:1861; B § 255; BH § 2596; C § 2666; RL § 1041; NCL § 1499] + [28:9:1861; B § 256; BH § 2597; C § 2667; RL § 1042; NCL § 1500]—(Substituted in revision for NRS 111.330)

      NRS 111.460  Power of attorney for disabled principal: Execution; actions binding; accounting to guardian.  Whenever a principal designates another his attorney-in-fact or agent by a power of attorney in writing and the writing contains the words “This power of attorney is not affected by disability of the principal,” or “This power of attorney becomes effective upon the disability of the principal,” or similar words showing the intent of the principal that the authority conferred may be exercised notwithstanding his disability, the authority of the attorney-in-fact or agent may be exercised by him as provided in the power on behalf of the principal notwithstanding later disability or incapacity of the principal at law or later uncertainty whether the principal is dead or alive. All acts done by the attorney-in-fact or agent pursuant to the power during any period of disability or incompetence or uncertainty whether the principal is dead or alive have the same effect and inure to the benefit of and bind the principal or his guardian or heirs, devisees and personal representative as if the principal were alive, competent and not disabled. If a guardian thereafter is appointed for the principal, the attorney-in-fact or agent, during the continuance of the appointment shall account to the guardian rather than the principal. The guardian has the same power the principal would have had if he were not disabled or incompetent, to revoke, suspend or terminate all or any part of the power of attorney or agency.

      (Added to NRS by 1983, 16)

      NRS 111.470  Power of attorney for disabled principal: Power not terminated by death, disability or incompetence of principal; affidavit of attorney-in-fact or agent as evidence of nonrevocation or nontermination.

      1.  The death, disability or incompetence of any principal who has executed a power of attorney in writing other than a power as described by NRS 111.460 does not revoke or terminate the agency as to the attorney-in-fact, agent or other person who, without actual knowledge of the death, disability or incompetence of the principal, acts in good faith under the power of attorney or agency. Any action so taken, unless otherwise invalid or unenforceable, binds the principal and his heirs, devisees and personal representatives.

      2.  An affidavit, executed by the attorney-in-fact or agent, stating that he did not have, at the time of doing an act pursuant to the power of attorney, actual knowledge of the revocation or termination of the power of attorney by death, disability or incompetence is, in the absence of a showing of fraud or bad faith, conclusive proof of the nonrevocation or nontermination of the power at that time. If the exercise of the power requires execution and delivery of any instrument which is recordable, the affidavit when authenticated for record is likewise recordable.

      3.  This section does not alter or affect any provision for revocation or termination contained in the power of attorney.

      (Added to NRS by 1983, 17)

REGISTRATION OF SECURITIES IN BENEFICIARY FORM (UNIFORM ACT)

 

      NRS 111.480  Short title; uniformity of application and construction.  NRS 111.480 to 111.650, inclusive:

      1.  May be cited as the Uniform TOD Security Registration Act; and

      2.  Must be construed and applied to effectuate their general purpose to make uniform the law with respect to their subject among states enacting the Uniform TOD Security Registration Act.

      (Added to NRS by 1997, 223)

      NRS 111.490  Definitions.  As used in NRS 111.480 to 111.650, inclusive, unless the context otherwise requires, the words and terms defined in NRS 111.500 to 111.540, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1997, 223)

      NRS 111.500  “Beneficiary” defined.  “Beneficiary” means a person designated to become the owner of a security upon the death of the preceding owner.

      (Added to NRS by 1997, 223)

      NRS 111.510  “Beneficiary form” defined.  “Beneficiary form” means the registration of a security that indicates the present owner of the security and designates a beneficiary.

      (Added to NRS by 1997, 223)

      NRS 111.520  “Register” defined.  “Register” means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities. Its derivatives have a corresponding meaning.

      (Added to NRS by 1997, 223)

      NRS 111.530  “Registering entity” defined.  “Registering entity” means a person who originates or transfers title to a security by registration. The term includes a broker maintaining securities accounts for customers and a transfer agent or other person acting for or as an issuer of securities.

      (Added to NRS by 1997, 223)

      NRS 111.540  “Security” defined.  “Security” means a share, participation or other interest in property, in a business or in an obligation of an enterprise or other issuer. The term includes a certificated security, an uncertificated security and a securities account. As used in this section, “securities account” means:

      1.  A reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, cash equivalents, interest, earnings or dividends earned or declared on a security in a securities account, a reinvestment account or a brokerage account, whether or not credited to the account before the owner’s death;

      2.  An investment management or custody account with a trust company or a trust division of a bank with trust powers, including the securities in the account, a cash balance in the account, cash, cash equivalents, interest, earnings or dividends earned or declared on a security in the account, whether or not credited to the account before the owner’s death; or

      3.  A cash balance or other property held for or due to the owner of a security as a replacement for or product of a security held in a securities account, whether or not credited to the account before the owner’s death.

      (Added to NRS by 1997, 223; A 2005, 57)

      NRS 111.550  Applicability.  NRS 111.480 to 111.650, inclusive, apply to registrations of securities in beneficiary form made before, on or after October 1, 1997, by decedents dying on or after October 1, 1997.

      (Added to NRS by 1997, 226)

      NRS 111.560  Persons eligible to obtain registration; manner in which multiple owners of registered securities hold title.  Only natural persons whose registration of a security shows sole ownership by one natural person or multiple ownership by two or more natural persons with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivorship, as tenants by the entireties or as owners of community property held in survivorship form, and not as tenants in common.

      (Added to NRS by 1997, 223)

      NRS 111.570  Validity of registration.

      1.  A security may be registered in beneficiary form if the Uniform TOD Security Registration Act or a similar statute is in force in:

      (a) The state of organization of the issuer or registering entity or the location of the registering entity’s principal office, the office of its transfer agent or its office making the registration; or

      (b) The state listed as the owner’s address at the time of registration.

      2.  A registration governed by the law of a jurisdiction in which the Uniform TOD Security Registration Act or similar legislation is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract.

      3.  As used in this section, “state” includes a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands and any territory or possession subject to the jurisdiction of the United States.

      (Added to NRS by 1997, 224)

      NRS 111.580  Designation of beneficiary required for registration.  A security, whether evidenced by certificate or account, is registered in beneficiary form if the registration includes a designation of a beneficiary to become the owner at the death of the owner or the deaths of all multiple owners.

      (Added to NRS by 1997, 224)

      NRS 111.590  Words or abbreviations indicating registration.  Registration in beneficiary form may be shown by the words “transfer on death” or the abbreviation “TOD” or by the