Nev. Rev. Stat. ch. 111 – Estates in Property; Conveyancing and Recording | Midpage

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Nevada Revised Statutes

Chapter 111

Nev. Rev. Stat. ch. 111

Estates in Property; Conveyancing and Recording

111.010Definitions 111.015Power of court to compel specific performance not abridged 111.020Instruments may be subscribed by lawful agents 111.025Conveyances void against purchasers are void against their heirs or assigns 111.040Validity of conveyances made before December 2, 1861 111.045Legality of conveyances executed before December 2, 1861, depends on laws and customs of mining and agricultural districts 111.050Chapter not to be construed to conflict with lawful mining rules, regulations and customs 111.055Nonresident aliens, persons and corporations may hold real property 111.060Tenancy in common: Definition 111.063Tenancy in common: Creation 111.064Tenancy in common or estate in community property: Creation; right of survivorship 111.065Joint tenancy in real and personal property: Creation 111.070Fee simple: Words of inheritance not necessary 111.075“Heir” or “issue” in remainders 111.080Contingent future interest: Defeat on birth of posthumous child 111.085Estates tail: Enjoyment by posthumous child 111.090Grants of rents, reversions and remainders effective without attornments of tenants 111.095When attornment of tenant void 111.100Lineal and collateral warranties abolished 111.101Abolishment of Rule in Shelley’s Case 111.102Abolishment of doctrine of destructibility of contingent remainders 111.103Short title; uniformity of application and construction 111.1031Statutory rule against perpetuities 111.1033When nonvested property interest or power of appointment created 111.1035Reformation 111.1037Exclusions from statutory rule against perpetuities 111.1039Prospective application 111.105Conveyances by deed 111.115Proof of execution of conveyance 111.120Conditions necessary before proof by subscribing witness can be taken 111.125Proof required from subscribing witnesses 111.130Contents of certificate of proof 111.135When proof by evidence of handwriting may be taken 111.140Statements of witnesses under oath before certificate granted 111.145Witnesses to conveyance may be subpoenaed 111.150Penalty for failure of witness to appear when subpoenaed 111.155Conveyance acknowledged or proved may be read in evidence 111.160After-acquired title passes to grantee 111.165Adverse possession does not prevent sale and conveyance 111.167Presumption of conveyance with land: Water rights, permits, certificates and applications appurtenant to land 111.170Construction of words “grant, bargain and sell” in conveyances; suit upon covenants 111.175Conveyances made to defraud prior or subsequent purchasers are void 111.180Bona fide purchaser: Conveyance not deemed fraudulent in favor of bona fide purchaser unless subsequent purchaser had actual knowledge, constructive notice or reasonable cause to know of fraud 111.185Power of revocation at will 111.190Revocation and reconveyance 111.195Effect of conveyance made before power of revocation can be exercised 111.200Limitations on terms of leases 111.205No estate created in land unless by operation of law or written conveyance; leases for terms not exceeding 1 year 111.210Contracts for sale or lease of land for periods in excess of 1 year void unless in writing 111.220Agreements not in writing: When void 111.235Grants and assignments of existing trusts to be in writing or are void 111.237Prohibition or restriction based on race, color, religion, ancestry, national origin, disability, familial status, sex, sexual orientation or gender identity or expression 111.2375Restrictive covenant modification form 111.238Prohibition on display of flag of the United States on property 111.239Prohibition or restriction on use of system for obtaining solar energy on property 111.2395Prohibition or restriction on use of system for obtaining wind energy on property; exceptions 111.2397Prohibition on entering into or recording certain service agreements 111.240Acknowledgment of conveyances 111.265Persons authorized to take acknowledgment or proof within State 111.310Instruments entitled to recordation; patents need not be acknowledged 111.311Conveyance of real property pursuant to agreement for deed in lieu of foreclosure must be recorded by deed; civil liability for failure to record deed 111.312Requirements for recording certain documents relating to real property 111.315Recording of conveyances and instruments: Notice to third persons 111.320Filing of conveyances or other instruments is notice to all persons: Effect on subsequent purchasers and mortgagees 111.325Unrecorded conveyances void as against subsequent bona fide purchaser for value when conveyance recorded 111.340Certificate of acknowledgment and record may be rebutted 111.345Proof taken upon oath of incompetent witness: Instrument not admissible until established by competent proof 111.347Recording defective instrument: Notice to subsequent purchasers; admissibility in evidence 111.350Conveyances or other instruments recorded before December 17, 1862: Notice to subsequent purchasers; certified copies as evidence 111.353Recording of master form mortgages and deeds of trust; incorporation of provisions by reference in subsequently recorded instruments 111.355Recordation of only part of instrument under certain conditions 111.365Recording affidavit of death of joint tenant or spouse holding community property with right of survivorship creates disputable presumption title vested in survivor; recording affidavit of death of life tenant creates disputable presumption title vested in owner of remainder interest; county recorder to send information contained in affidavits monthly to Department of Human Services 111.3655Recording of notice by owner of real property who opens property for public pedestrian access and who improves property for that specific purpose: Form; effect; revocation; owner not to prevent pedestrian access; no effect on vested rights; permission to use property may be subject to reasonable restrictions on time, place and manner of use 111.366Short title 111.3663Definitions 111.3667“Document” defined 111.367“Electronic” defined 111.3673“Electronic document” defined 111.3675“Electronic signature” defined 111.3677“Person” defined 111.368“State” defined 111.3683Applicability 111.3685Validity of electronic documents 111.3687Recording of documents 111.369Administration and standards 111.3693Uniformity of application and construction 111.3697Relation to Electronic Signatures in Global and National Commerce Act 111.370Creation of easement by grant; signing, recording and contents of instrument creating easement 111.375Vesting of easement; effect of transfer of land 111.380Termination, modification or extinguishment of easement 111.390General purpose 111.400Scope 111.410Definitions 111.420Creation; recording; duration; effect on existing interest in real property 111.430Actions affecting easements for conservation 111.440Validity 111.655Short title 111.657Definitions 111.659“Beneficiary” defined 111.661“Deed upon death” defined 111.663“Designated beneficiary” defined 111.665“Grantor” defined 111.667“Person” defined 111.669“Property” defined 111.671Creation of deed upon death 111.673Designation of beneficiary 111.675Requirements for property held as joint tenancy or community property with right of survivorship 111.677Void if interest in property transferred before death; last recorded deed upon death is effective 111.679Capacity to make or revoke 111.681Execution and recordation 111.683Effective without notice or consideration 111.685Effect of deed upon death during owner’s lifetime 111.687Disclaimer by beneficiary 111.689Enforcement of liabilities against property transferred pursuant to deed upon death; notice to certain persons required; filing of claims; recovery of public assistance; time for filing suit 111.691Property transferred by deed upon death subject to prior lien 111.693Limitations concerning Medicaid payments 111.695Form of deed upon death 111.697Form of revocation of deed upon death 111.699Form of Death of Grantor Affidavit; required documents upon death of grantor 111.700Definitions 111.701“Account” defined 111.703“Agent” defined 111.705“Beneficiary” defined 111.707“Contract” defined 111.709“Devisee” defined 111.711“Financial institution” defined 111.713“Governing instrument” defined 111.715“Heirs” defined 111.717“Held in beneficiary form” defined 111.719“Multiple-party account” defined 111.721“Nonprobate transfer” defined 111.723“Party” defined 111.725“Payment” defined 111.727“Personal representative” defined 111.729“POD designation” defined 111.731“Receive” defined 111.733“Register in beneficiary form” defined 111.735“Request” defined 111.737“State” defined 111.739“Sums on deposit” defined 111.741“Terms of the account” defined 111.743“Transferring entity” defined 111.745“Trust” defined 111.747“Trustee” defined 111.749“Will” defined 111.751Provision for nonprobate transfer in contract 111.753Authority of agent to make nonprobate transfer of property after death of owner 111.755Agreement between owner and transferring entity; authorized content of contract concerning such agreement; effective date of designation of beneficiary when transferring entity’s acceptance required 111.757Transfer to designated beneficiary according to beneficiary designation or other direction 111.759Proper execution and delivery required for transfer of property upon death of owner 111.761Proper execution and delivery or acknowledgment required for assignment of right to receive performance effective upon death of owner; other methods of assignment not precluded 111.763Proper execution and acknowledgment required to transfer interest in tangible personal property effective upon death of owner; other methods of transfer not precluded 111.765Property held in beneficiary form: Direct transfer; rights of owner; effective date of transfer 111.767Rights of designated beneficiaries; transfer of property when no beneficiary survives owner 111.769Revocation of beneficiary designation: Authorized unless expressly made irrevocable; agreement of all owners; effect of subsequent designations or transfers; effective date 111.771Property held in beneficiary form; registration in beneficiary form; transfer-on-death directions 111.773Disqualification of beneficiary 111.775Authority of agent, guardian or other fiduciary to change beneficiary designation 111.777Rights of beneficiary if property lost, destroyed, damaged or converted during owner’s lifetime 111.779Liability of nonprobate transferee; proceedings to impose liability; payment of claims against nonprobate assets 111.781Effect of divorce or annulment on nonprobate transfer of property; liability of payor for payment or transfer made in good faith; federal preemption 111.783Applicability 111.785Single party or multiple parties: POD designation or agency designation; governing law 111.787Type and form of account; governing law for other types of accounts 111.789Designation of agent; authority of agent; designation revocable 111.791Beneficial ownership: Applicability 111.793Proportional ownership; exception to proportional ownership; rights of beneficiary; rights of agent 111.795Rights of surviving parties upon death of party to multiple-party account; right to sums in account if POD designation; rights at death to sums on deposit 111.797Alteration of type of account; right of survivorship not altered by will 111.799Transfers not testamentary or subject to estate administration; effective with or without consideration 111.801Character of and rights in community property not altered; exception 111.803Authority of financial institutions to enter into agreements of deposit; financial institutions not required to make inquiries concerning accounts 111.805Payment of sums on deposit: Multiple-party accounts 111.807Payments of sums on deposit: Accounts with POD designation 111.809Payment of sums on deposit: Payments to agents 111.811Payments made to minors designated as beneficiaries 111.813Financial institutions discharged from claims after payments; exceptions; rights of parties not affected 111.815Rights of beneficiary; limitations; liability of beneficiaries 111.825Definitions 111.830“Buyer” defined 111.835“Payee” defined 111.840“Private transfer fee” defined 111.845“Private transfer fee obligation” defined 111.850“Seller” defined 111.855“Transfer” defined 111.860Legislative findings and declaration 111.865Private transfer fee obligations prohibited 111.870Creation before May 20, 2011; recordation; amendment; failure to record 111.875Enforcement of private transfer fee obligations created before May 20, 2011 111.880Liability for creation after May 20, 2011