Nevada Property Law Flashcards

In Nevada, an easement appurtenant benefits which party?

Answer: The dominant estate (the land benefited)

An easement appurtenant benefits the dominant estate and runs with the land, automatically transferring to successive owners of the dominant parcel.

Under Nevada law, which element is NOT required for an implied easement by prior use?

Answer: Strict necessity

An easement by implication from prior use requires common ownership, apparent and continuous prior use, and severance, but only requires reasonable necessity — not strict necessity.

Nevada's marketable title act requires what for a title to be marketable?

Answer: A chain of title going back 40 years free of defects

Under NRS 111.315–111.365, Nevada's Marketable Title Act establishes that a 40-year root of title extinguishes most interests not re-recorded within the statutory period.

Under Nevada law, which interest in real property is NOT subject to the rule against perpetuities?

Answer: Charitable remainder trusts

Under NRS 111.103, charitable trusts are exempt from the rule against perpetuities in Nevada, allowing them to continue indefinitely.

In Nevada, a deed of trust involves which three parties?

Answer: Trustor, trustee, and beneficiary

Nevada's deed of trust structure involves the trustor (borrower), the trustee (neutral third party holding title), and the beneficiary (lender).

Under Nevada law, covenants running with the land in equity (equitable servitudes) require which element NOT needed for covenants at law?

Answer: Notice

Equitable servitudes in Nevada require notice (actual, constructive, or inquiry) in addition to intent and touch-and-concern, but do not require privity of estate unlike legal covenants.