Nev. Rev. Stat. § 111A.010 Short title.
This chapter may be cited as the Uniform Easement Relocation Act.
EASEMENT RELOCATION (UNIFORM ACT)
Nev. Rev. Stat. 111A
in effectNev. 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 case of an easement not established by express grant or reservation, the entry, use or enjoyment authorized by law or prescriptive rights.
2. Includes, without limitation, a right-of-way.
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 lessees 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 with the provisions of chapter 271 of NRS.
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 utility, an interstate utility or a utility cooperative.
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 lessors interest under a lease or title to the real property. The term includes:
1. A security instrument that also creates or provides for a security interest in personal property;
2. A modification or amendment of a security instrument; and
3. A record creating a lien on real property to secure an obligation under a covenant running with the real property.
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, attorneys 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 locality.
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 water association.
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, negative easement or easement associated with a public road;
(b) An easement if the proposed location would encroach on an area of an estate burdened by a conservation easement or would interfere with the use or enjoyment of a public-utility easement, public-entity easement or an easement appurtenant to a conservation easement or a public road; or
(c) An easement created by a declaration in accordance with the provisions of chapter 116 of NRS.
3. This chapter does not apply to relocation of an easement by consent.
4. As used in this section, public road has the meaning ascribed to it in NRS 405.191 .
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 purpose for which the easement was created;
4. During or after the relocation, impair the safety of the easement holder or another entitled to use and enjoy the easement;
5. During the relocation, disrupt the use and enjoyment of the easement by the easement holder or another entitled to use and enjoy the easement, unless the servient estate owner substantially mitigates the duration and nature of the disruption;
6. Impair the physical condition, use or value of the dominant estate or improvements on the dominant estate; or
7. Impair the value of the collateral of a security-interest holder of record in the servient estate or dominant estate, impair a real-property interest of a lessee of record in the dominant estate or impair a recorded real-property interest of any other person in the servient estate or dominant estate.
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 security-interest holder of record of an interest in the servient estate or dominant estate;
(3) A lessee of record of an interest in the dominant estate; and
(4) Except as otherwise provided in paragraph (b), any other owner of a recorded real-property interest if the relocation would encroach on an area of the servient estate or dominant estate burdened by the interest; and
(b) Is not required to serve a summons and complaint on the owner of a recorded real-property interest in oil, gas or minerals unless the interest includes an easement to facilitate oil, gas or mineral development.
3. A complaint under this section must state:
(a) The intent of the servient estate owner to seek the relocation;
(b) The nature, extent and anticipated dates of commencement and completion of the proposed relocation;
(c) The current and proposed locations of the easement and any improvements to be included in the relocated easement;
(d) The reason the easement is eligible for relocation under NRS 111A.220 ;
(e) The reason the proposed relocation satisfies the conditions for relocation under NRS 111A.300 ; and
(f) That the servient estate owner has made a reasonable attempt to notify the holders of any public-utility easement, public-entity easement, conservation easement or negative easement on the servient estate or dominant estate of the proposed relocation.
4. At any time before the court renders a final order in an action under subsection 1, a person served under subparagraph (2), (3) or (4) of paragraph (a) of subsection 2 may file a document, in recordable form, that waives its rights to contest or obtain relief in connection with the relocation or subordinates its interests to the relocation. On filing of the document, the court may order that the person is not required to answer or participate further in the action.
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 easement must:
(a) State that the order is issued in accordance with this chapter;
(b) Recite the recording data of the instrument creating the easement, if any, and any amendments;
(c) Identify the immediately preceding location of the easement;
(d) Describe in a legally sufficient manner the new location of the easement;
(e) Describe mitigation required of the servient estate owner during relocation;
(f) Refer in detail to the plans and specifications of improvements necessary for the easement holder to enter, use and enjoy the easement in the new location;
(g) Specify conditions to be satisfied by the servient estate owner to relocate the easement and construct improvements necessary for the easement holder to enter, use and enjoy the easement in the new location;
(h) Include a provision for payment by the servient estate owner of expenses under NRS 111A.330 ;
(i) Include a provision for compliance by the parties with the obligation of good faith under NRS 111A.340 ; and
(j) Instruct the servient estate owner to record an affidavit, if required under subsection 1 of NRS 111A.350 , when the servient estate owner substantially completes relocation.
3. An order under subsection 2 may include any other provision consistent with this chapter for the fair and equitable relocation of the easement.
4. Before a servient estate owner proceeds with relocation of an easement under this chapter, the owner must:
(a) Record, in the land records of each jurisdiction where the servient estate is located, a certified copy of the order under subsection 2; and
(b) If the easement was established by the recording of a recorded subdivision map, record of survey, parcel map, map of division into large parcels or reversionary map, record a certificate of amendment to the recorded subdivision map, record of survey, parcel map, map of division into large parcels or reversionary map, as applicable. If a public entity is required to sign an amended map, the public entity shall sign the amendment in compliance with any order under subsection 2.
5. If a servient estate owner is required to record a certificate of amendment pursuant to paragraph (b) of subsection 4:
(a) The servient estate owner is not required to provide notice of the amendment or obtain signatures on the amendment of the other property owners within the mapped area; and
(b) The applicable land use authority is not required to hold a public hearing or consider the amendment in a public meeting, if relocation of the easement is the only amendment to the recorded subdivision map, record of survey, parcel map, map of division into large parcels or reversionary map.
Nev. Rev. Stat. § 111A.330 Servient estate owner to pay reasonable expenses of relocation of easement.
A servient estate owner is responsible for reasonable expenses of relocation of an easement under this chapter, including the expense of:
1. Constructing improvements on the servient estate or dominant estate in accordance with an order under NRS 111A.320 ;
2. Removing and demolishing any existing improvements on the dominant estate in accordance with an order under NRS 111A.320 ;
3. Any liability or damages incurred by the easement holder arising out of the relocation of the easement, including, without limitation, expenses relating to environmental investigation, remediation, restoration or reclamation and any reasonable attorneys fees associated with the liability or damages incurred by the easement holder;
4. Any cleanup, removal, repair, remediation, detoxification or restoration required by a public entity;
5. During the relocation, mitigating disruption in the use and enjoyment of the easement by the easement holder or another person entitled to use and enjoy the easement;
6. Obtaining a governmental approval or permit to relocate the easement and construct necessary improvements;
7. Preparing and recording the certified copy required by subsection 4 of NRS 111A.320 and any other document required to be recorded;
8. Any title work required to complete the relocation or required by a party to the civil action as a result of the relocation;
9. Applicable premiums for title insurance related to the relocation;
10. Any expert necessary to review plans and specifications for an improvement to be constructed in the relocated easement or on the dominant estate and to confirm compliance with the plans and specifications referred to in the order under paragraph (f) of subsection 2 of NRS 111A.320 ;
11. Payment of any maintenance cost associated with the relocated easement which is greater than the maintenance cost associated with the easement before relocation; and
12. Obtaining any third-party consent required to relocate the easement.
Nev. Rev. Stat. § 111A.340 Parties to act in good faith to facilitate relocation of easement.
After the court, under NRS 111A.320, approves relocation of an easement and the servient estate owner commences the relocation, the servient estate owner, the easement holder and other parties in the civil action shall act in good faith to facilitate the relocation in compliance with this chapter.
Nev. Rev. Stat. § 111A.350 Servient estate owner to record and mail affidavit after relocation of easement requiring improvement.
1. If an order under NRS 111A.320 requires the construction of an improvement as a condition for relocation of an easement, relocation is substantially complete and the easement holder is able to enter, use and enjoy the easement in the new location, the servient estate owner shall:
(a) Record, in the land records of each jurisdiction where the servient estate is located, an affidavit certifying that the easement has been relocated in accordance with the order and any certificate of amendment required under subsection 4 of NRS 111A.320 ; and
(b) Send, by certified mail, a copy of the recorded affidavit to the easement holder and all parties to the civil action.
2. Until an affidavit under subsection 1 is recorded and sent, the easement holder may enter, use and enjoy the easement in the current location, subject to the courts order under NRS 111A.320 approving relocation.
3. If an order under NRS 111A.320 does not require an improvement to be constructed as a condition of the relocation, recording the order and any certificate of amendment required under subsection 4 of NRS 111A.320 constitutes relocation.
Nev. Rev. Stat. § 111A.360 Effect of relocation of easement.
1. Relocation of an easement under this chapter:
(a) Is not a new transfer or a new grant of an interest in the servient estate or the dominant estate;
(b) Is not a breach or default of, and does not trigger, a due-on-sale clause or other transfer-restriction clause under a security instrument, except as otherwise determined by a court under law other than this chapter;
(c) Is not a breach or default of a lease, except as otherwise determined by a court under law other than this chapter;
(d) Is not a breach or default by the servient estate owner of a recorded document affected by the relocation, except as otherwise determined by a court under law other than this chapter;
(e) Does not affect the priority of the easement with respect to other recorded real-property interests burdening the area of the servient estate where the easement was located before the relocation; and
(f) Is not a fraudulent conveyance or voidable transaction under law.
2. This chapter does not affect any other method of relocating an easement permitted under law of this State other than this chapter.
Nev. Rev. Stat. § 111A.370 Right of servient estate owner to relocate easement may not be waived, excluded or restricted by agreement.
The right of a servient estate owner to relocate an easement under this chapter may not be waived, excluded or restricted by agreement even if:
1. The instrument creating the easement prohibits relocation or contains a waiver, exclusion or restriction of this chapter;
2. The instrument creating the easement requires consent of the easement holder to amend the terms of the easement; or
3. The location of the easement is fixed by the instrument creating the easement, another agreement, previous conduct, acquiescence, estoppel or implication.
Nev. Rev. Stat. § 111A.400 Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
Nev. Rev. Stat. § 111A.410 Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., but does not modify, limit or supersede section 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. § 7003(b).
Source: NV Statutes (Official Site)URL: https://www.leg.state.nv.us/nrs/NRS-111A.htmlFetched: 10/4/2026