AB 380 — Revises provisions relating to real property. (BDR 10-340)

(ReprintedAssembly withBill amendmentsNo. adopted on May 24, 2017) SECOND REPRINT A.B.

380380–Assemblyman AYeager SSEMBLYJoint BSponsors: ILLN O.

380–ASSEMBLYMANSenators YCannizzaro, EAGERDenis, MFord, ARCHGustavson, 20,Harris, 2017Roberson ____________and JOINTSegerblom SPONSORSCHAPTER.......... :

ENATORS C ANNIZZARO , DENIS, ORD , G USTAVSON , ARRIS , ROBERSON AND S EGERBLOM ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to real property.

(BDR 10-340) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

LegislativeLegExisting Counsel’slaw Digest:provides for the recording of certain documents relating to real property.

(Chapter 111 of NRS) Section 1 of this bill authorizes an owner of real property to record a notice in the office of any county recorder, wherein the subject property is located, which provides that public use for pedestrian access of the owner’s real property is with the permission of and subject to the control of the ownExisting law limits certain actions for the recovery of real property.

(Chapter(NRS 11111.030-11.180) of NRS) Section 13 of this billbill: authorizes an owner ofreal real property to record a notice in the office of any county recorder, wherein the subject property is located, which provides that public use for pedestrian access of the owner’s real property is with the permission of and subject to the control of the owner.

Existing(1) lawauthorizes limitsan owner of land to post certain actionsnotice forstating that the recoveryright to pass over such land is by permission and subject to the control of realthe property.owner;

(NRSand notice(2) statingprohibits thata theperson rightfrom tomaintaining passan overaction suchconstituting landan iseasement by permissionprescription andregardless subjectof toinwhether the controlowner posts also authorizes a governing body of thea owner;city or county to adopt ordinances governing3 a sign posted by an owner of land under certain circumstances.

andEXPLANATION (2)– prohibitsMatter ain personbolded fromitalics maintainingis annew; action constituting an easement by prescription regardless of whether the owner posts certain notice on the property or records a notice pursuant to section 1.

Sectionmatter 3between alsobrackets authorizes[omitted amaterial] governingis bodymaterial of a city or county to adoptbe ordinancesomitted. governing a sign posted by an owner of land under certain circumstances.

- *AB380_R2* – 2 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

- 79th Session (2017) – 2 – The right of the public or any person to make use of the real property described or any portion thereof, for pedestrian access, other than any use expressly allowed by a written or recorded map, agreement, grant of easement, deed or dedication, is by permission, and subject to control, of owner pursuant to section 1 of this act.act.ubject to control, 2.

2.

Permission for the use of real property by the public or any person, for pedestrian access, other than any use expressly allowed by a written or recorded map, agreement, grant of easement, deed or dedication described in the notice recorded pursuant to subsection 1, may be conditioned upon reasonablereasonabled restrictions on the time, place and manner of such use.

Any use of the real property in violation of such restrictions may not be - *AB380_R2* – 3 – considered public use for the purposes of a finding of implied dedication.

- 79th Session (2017) – 3 – (a) The mailing address of the grantee or, if there is no grantee, the mailing address of the person who is requesting the recording of the document;

and (b) Except as otherwise provided in subsection 2, the assessor’s parcel number of the property at the top left corner of the first page of the document, if the county assessor has assigned a parcelparcelirst page number to the property.

Except as otherwise provided in subsection 6, if a document that is being recorded includes a legal description of real property that is provided in metes and bounds, the document must include the name and mailing address of the person who prepared the legal description.accuracy of the name and mailing address of such a person.

The county recorder is not required to verify the accuracy6. of the name and mailing address of such a person.

6.If a document including the same legal description described in subsection 5 previously has been recorded, the document must include all information necessary to identify and locate the previous recording, but the name and mailing address of the person who prepared the legal description is not required for the document to be recorded.

If a document including the same legal description described in subsection 5 previously has been recorded, the document must include all information necessary to identify and locate the previous recording, but the name and mailing address of the person who prepared the legal description is not required for the document to be - *AB380_R2* – 4 – recorded.

If an owner of land opens his or her land for use by the public for pedestrian access and has improved such land for that specific purpose, no such use by any person or the public, no matter for how long of a period, of any land shall ever ripen into - 79th Session (2017) – 4 – an easement by prescription, if the owner of the land posts at each entrance to the land or at intervals of not more than 200 feet along the boundary of such land a sign reading substantially as follows:

Regardless of whether an owner of land has recorded a notice pursuant to section 1 of this act or has posted signs on such land pursuant to subsection 1, if an owner of land opens his or her land for use by the public for pedestrian access and has improved such land for that specific purpose, no such use of such land bybyd any person or the public on or after October 1, 2017, shall ever ripen to confer upon the public or any governmental entity a vested right to continue to make such use permanently, in the absence of an express written grant of easement or other conveyance of such land for such use, or irrevocable offer of dedication of such property for such use, made by the owner, which has been accepted by the governmental entity to which the offer of dedication was made.

H~~~~~ 17 - *AB380_R2*79th Session (2017)