NRS 111A.320 Approval by court of relocation of easement; conditions; contents of order; servient estate owner to record order and certificate of amendment.

511 words·~2 min read·/nv/chapter-111a-easement-relocation-uniform-act/111a-320

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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.