Easements · Las Vegas, Nevada

    What Can I Do If My Property Is Landlocked in Nevada?

    By , Nevada attorney and real estate broker · · 6 min read

    The short answer

    If your Nevada property has no legal access to a public road, you may be entitled to an easement by necessity. To establish one, you generally must show that your parcel and the neighboring parcel were once owned by the same person, that the access need arose when that common owner divided the land, and that the easement is strictly necessary, not merely convenient, for access. An implied easement from prior use is a related theory when a road or path was being used before the land was split. If neither applies, options include negotiating a recorded access easement with a neighbor, buying a strip of land, or relying on a prescriptive easement if five years of adverse use can be proved. A court can declare the easement in a quiet title or declaratory relief action.

    Elements of an easement by necessity

    Nevada follows the traditional elements:

    • Unity of title: both parcels were once owned by one person
    • Severance: the common owner split the land
    • Necessity at the time of severance
    • Strict necessity, not convenience

    Implied easement from prior use

    If a road was in apparent, continuous use when a larger tract was divided, and the use is reasonably necessary to the parcel, a court may imply an easement even without strict necessity. Old aerial photos and testimony from prior owners are key evidence.

    Federal and BLM land

    Much of Nevada is federal land. Access across BLM land is not handled by private easement law; you may need a right-of-way grant from the Bureau of Land Management. Historic roads may also qualify as public roads under R.S. 2477.

    Negotiating access

    Often the fastest route is a written agreement:

    • Define the location, width, and permitted uses
    • Address maintenance, utilities, and insurance
    • Record the agreement so it runs with both parcels
    • Have a surveyor prepare a legal description

    Going to court

    If negotiation fails, a quiet title or declaratory relief action in Clark County District Court can establish the easement. The court sets its location and scope. Title research tracing the chain of ownership is usually the decisive evidence.

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    This article is general information about Nevada law, not legal advice for your situation, and reading it does not create an attorney-client relationship. For advice about your matter, call (702) 471-0112.

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