Bulletin: NV000006

Dear Associates:

The Nevada Revised Statutes for the past 13 years have provided for the ability to create and establish new boundary lines in lands zoned for industrial or commercial development, thru the filing of a Record of Survey Map.

However, Senate Bill 394 filed in the recent legislative hearings amended NRS 278.325 by adding the following requirements:

Any conveyance of such a parcel (created by Record of Survey Map) must contain a legal description of the parcel that is independent of the record of survey.

In conversation with the several County assessors' offices, I have been advised of the following interpretations of the amendment:

Washoe, Clark, Storey & Lyon counties: interpret the amendment to REQUIRE that a metes-n-bounds legal description of the property, prepared by licensed land surveyor, be attached to any conveyance document of the property presented after July 1, 2005.

Douglas, Carson City & Elko counties: are currently continuing to allow description of properties by reference to the identifying information on the Record of Survey, provided that the Record of Survey includes all information required for the assessor to identify the boundaries of all the affected lands shown on the Record of Survey.

Nye & Eureka counties: do not currently have any Zoning regulations; therefore, Nye and Eureka counties do not recognize a Record of Survey for creating new boundaries on commercial or industrial lands, instead Nye and Eureka counties require a Parcel Map or Subdivision Map.

Please be aware of this amendment to the statutes, and respond accordingly when issuing evidence of title on commercial/industrial property wherein boundaries have been created by a Record of Survey map.

Please contact your Underwriter to discuss these situations as they present themselves in your transactions.

References: Nevada Revised Statutes section 278.325, revised 2005.