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.