The order of priority surveyors and courts use
When elements of a legal description conflict, Nevada follows the standard order of priority:
- Natural monuments (rivers, ridgelines)
- Artificial monuments (set corner pins, section corners, recorded plat monuments)
- Adjacent boundaries and calls to adjoiners
- Distances and bearings
- Area (acreage) — last and least reliable
Common reasons a survey and deed disagree
Most conflicts trace to one of these:
- A scrivener's error — a typo in a metes-and-bounds description copied forward for decades
- An old survey using different corner monuments than a modern GPS survey
- Overlapping legal descriptions from sloppy historical lot splits
- A fence or wall treated as the line for so long everyone assumed it was correct
- A plat map that does not match the metes-and-bounds description in the deeds
Senior rights: when two deeds overlap
Where two parcels' descriptions overlap, the earlier (senior) conveyance generally prevails — the first grantor could only convey what they owned. This comes up in rural Clark County and older Las Vegas tracts more often than people expect. Title insurance may respond to an overlap, but many policies exclude matters an accurate survey would disclose.
How to fix a genuine conflict
The fix depends on whether both owners agree on the intended line:
- Boundary line agreement — both owners sign and record an agreement fixing the line
- Corrective deed — fixes a scrivener's error in the legal description
- Lot line adjustment — approved through the city of Las Vegas, Henderson, North Las Vegas, or Clark County
- Quiet title action — the court declares the boundary when owners cannot agree
Before you order a second survey
A second survey that disagrees with the first does not create two truths — it creates a dispute about evidence. Ask the surveyor to reconcile against the recorded monuments and the senior deeds first. An attorney experienced in boundary work can read the chain of title alongside the surveys and tell you which document is likely to control before you spend money litigating.
Why this matters before you build or sell
Building a wall, pool, or addition on a disputed strip can create an encroachment claim against you. And an unresolved survey conflict will surface in the buyer's title work and can delay or kill a sale. Resolve the paper conflict before you rely on the ground.
Have a Nevada title and boundary disputes question?
A short conversation usually answers it. Free consultation.
FAQ
Common questions
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.