What Is an Easement in Nevada and How Does It Affect My Property?

The main types of easements

Nevada recognizes several kinds:

• Express easements, written and usually recorded with the Clark County Recorder
• Implied easements, arising from prior use when a parcel is split
• Easements by necessity, for landlocked parcels
• Prescriptive easements, from five years of adverse use
• Utility and public easements, often shown on subdivision plats

Appurtenant vs. in gross

An appurtenant easement benefits a specific parcel, called the dominant estate, and burdens another, the servient estate. It transfers automatically when either property is sold. An easement in gross benefits a person or entity, like NV Energy or a cable provider, regardless of who owns neighboring land.

Rights of each owner

The easement holder may use the area only for the stated purpose and may maintain it reasonably. The landowner can use the same area for anything that does not unreasonably interfere, but cannot block, fence, or build over it in a way that defeats the easement.

How to find easements on your property

Check these sources:

• The preliminary title report and Schedule B exceptions
• The recorded subdivision plat or parcel map
• Recorded deeds and agreements with the County Recorder
• An ALTA survey, which locates easements on the ground

Ending an easement

Easements can end by written release, by merger when one owner acquires both parcels, by expiration of their stated term, by abandonment shown through clear intent, or by a court order in a quiet title action.