EASEMENTS FOR CONSERVATION

NRS 111.390 General purpose. The general purpose of NRS 111.390 to 111.440, inclusive, is to make uniform the law of those states which enact the Uniform Conservation Easement Act or provisions substantially similar to that act.

      (Added to NRS by 1983, 687)

NRS 111.400 Scope.

      1.  NRS 111.390 to 111.440, inclusive, apply to any interest in real property created:

      (a) On or after July 1, 1983, which complies with those sections, whether designated as an easement for conservation or as a covenant, equitable servitude, restriction, easement or otherwise; or

      (b) Before July 1, 1983, if the interest would have been enforceable had it been created after July 1, 1983, except that the interest is not enforceable against a bona fide purchaser of the real property for value or the holder of an encumbrance on real property if:

             (1) The purchase or encumbrance of the real property was made after the easement for conservation was created but before July 1, 1983; and

             (2) The easement for conservation was not enforceable at the time of the purchase or encumbrance of the real property under other law of this State.

      2.  Those sections do not invalidate any interest in real property whether designated as an easement for conservation or preservation or as a covenant, equitable servitude, restriction, easement or otherwise, which is enforceable under other law of this State.

      (Added to NRS by 1983, 687)

NRS 111.410 Definitions. As used in NRS 111.390 to 111.440, inclusive, unless the context otherwise requires:

      1.  “Easement for conservation” means a nonpossessory interest of a holder in real property, which imposes limitations or affirmative obligations and:

      (a) Retains or protects natural, scenic or open-space values of real property;

      (b) Assures the availability of real property for agricultural, forest, recreational or open-space use;

      (c) Protects natural resources;

      (d) Maintains or enhances the quality of air or water; or

      (e) Preserves the historical, architectural, archeological, paleontological or cultural aspects of real property.

      2.  “Holder” means:

      (a) A governmental body empowered to hold an interest in real property; or

      (b) A charitable corporation, charitable association or charitable trust which has among its powers or purposes to:

             (1) Retain or protect the natural, scenic or open-space values of real property;

             (2) Assure the availability of real property for agricultural, forest, recreational or open-space use;

             (3) Protect natural resources;

             (4) Maintain or enhance the quality of air or water; or

             (5) Preserve the historical, architectural, archeological, paleontological or cultural aspects of real property.

      3.  “Right of enforcement by a third person” means a right provided in an easement for conservation to enforce any of the easement’s terms granted to a governmental body, charitable corporation, charitable association or charitable trust who is not a holder of the easement although qualified to be one.

      (Added to NRS by 1983, 687; A 2009, 375)

NRS 111.420 Creation; recording; duration; effect on existing interest in real property.

      1.  Except as otherwise provided in NRS 111.390 to 111.440, inclusive, an easement for conservation may be created, conveyed, recorded, assigned, released, modified, terminated or otherwise altered or affected in the same manner as other easements.

      2.  No right or duty in favor of or against a holder and no right of enforcement in favor of a third person arises under an easement for conservation before it is accepted by the holder and the acceptance is recorded.

      3.  An easement for conservation is unlimited in duration unless:

      (a) The instrument creating it otherwise provides; or

      (b) A court orders that the easement be terminated or modified, according to subsection 2 of NRS 111.430.

      4.  An interest in real property existing at the time the easement for conservation is created is not impaired by the easement unless the owner of the interest is a party to the easement or consents to it.

      (Added to NRS by 1983, 688)

NRS 111.430 Actions affecting easements for conservation.

      1.  An action affecting an easement for conservation may be brought by:

      (a) An owner of an interest in the real property burdened by the easement;

      (b) A holder of the easement;

      (c) A third person with a right of enforcement; or

      (d) A person authorized by other law.

      2.  NRS 111.390 to 111.440, inclusive, do not affect the power of a court to modify or terminate an easement for conservation in accordance with the principles of law and equity.

      (Added to NRS by 1983, 688)

NRS 111.440 Validity. An easement for conservation is valid even though:

      1.  It is not appurtenant to an interest in real property;

      2.  It can be or has been assigned to another holder;

      3.  It is not of a character that has been recognized traditionally at common law;

      4.  It imposes a negative burden;

      5.  It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder;

      6.  The benefit does not touch or concern real property; or

      7.  There is no privity of estate or of contract.

      (Added to NRS by 1983, 689)