NRS 111A.350 Servient estate owner to record and mail affidavit after relocation of easement requiring improvement.
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NRS 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 court’s 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.