[Rev. 2/10/2015 4:45:59
PM--2014R2]
CHAPTER 247 - COUNTY RECORDERS
NRS 247.005 “Document”
defined.
NRS 247.010 Election;
term of office; exceptions.
NRS 247.020 Oath
and bond.
NRS 247.040 Deputies.
NRS 247.050 Office;
hours to remain open.
NRS 247.060 Power
to take acknowledgment and proof of documents affecting real property; fees
deposited in county general fund.
NRS 247.070 Subscription
to and microfilming of county newspapers.
NRS 247.080 Custody
and responsibility for documents deposited in office.
NRS 247.090 Public
inspection of documents on file in recorder’s office.
NRS 247.100 Documents
to be recorded in order received; maintenance and public inspection of records
of transactions conducted in recorder’s office and fees collected.
NRS 247.110 Duties
and powers concerning document deposited for recording; required format for
certain documents submitted for recording; when document is considered
recorded.
NRS 247.115 Authority
to accept electronic documents for recording.
NRS 247.120 Manner
of recording specified documents.
NRS 247.130 Recording
in general series called “Official Records.”
NRS 247.145 Presentation
of document for recording; denial of request to record document.
NRS 247.150 Indexes:
Requirements; methods; contents.
NRS 247.155 Recorder
may require electronic version or other copy of documents with large number of
names.
NRS 247.160 Date
of indexing imparts notice when document inserted into record book other than
that designated by law.
NRS 247.170 Indexing
of document recorded as deed of trust, mortgage or financing statement.
NRS 247.180 Recording
and indexing of document conveying, encumbering or mortgaging both real and
personal property; county recorder to provide copy of document or access to
digital document to county assessor.
NRS 247.190 Notice
provided by recorded document; names of signers to be typed or printed beneath
original signatures; affidavit.
NRS 247.200 Documents
affecting real property to be recorded in county where situated.
NRS 247.210 Recordation
of certified copy or abstract of document recorded in another state.
NRS 247.215 Certificate
of marriage: Production of certified abstract in lieu of certified copy.
NRS 247.251 Use
of facsimile signature: Conditions and restrictions.
NRS 247.305 Fees:
Amount; collection; disposition of excess payment; payment to county treasurer.
NRS 247.306 Account
for acquisition or improvement of technology used in recorder’s office; annual
report.
NRS 247.310 Fees
for recording certain affidavits concerning mining claims; payment of fees to
county treasurer.
NRS 247.320 Recording
and providing certified copies of deeds or judgments for United States; no fee
to be charged.
NRS 247.330 Fees
payable in advance.
NRS 247.340 No
other fees to be charged.
NRS 247.370 Penalty
for willfully taking unauthorized fees.
NRS 247.380 Penalty
for willfully taking excessive fees.
NRS 247.390 Table
of fees to be posted; penalties.
NRS 247.410 Liability
for wrongful acts.
_________
NRS 247.005 “Document” defined.
1. As used in this chapter, unless the context
otherwise requires, “document” means a written instrument, paper, notice, deed,
conveyance, map, chart, survey or any other writing, without regard to:
(a) The form in which the document is received by
a county recorder;
(b) The method used to transmit the document to a
county recorder; or
(c) The method used by a county recorder to
store, access or retrieve the document.
2. If a county recorder elects to accept
electronic documents for recording in accordance with the provisions of NRS 111.366 to 111.3697, inclusive, the term also
includes an electronic document that satisfies the provisions of NRS 111.366 to 111.3697, inclusive.
(Added to NRS by 2001, 1733; A 2007, 139)
NRS 247.010 Election; term of office; exceptions.
1. Except as otherwise provided in
subsection 3 or as altered pursuant to the mechanism set forth in NRS 244.1507, county recorders must be
elected by the qualified electors of their respective counties.
2. County recorders must be chosen by the
electors of their respective counties at the general election in 1922, and at
the general election every 4 years thereafter, and shall enter upon the duties
of their respective offices on the first Monday of January subsequent to their
election.
3. The Clerk of Carson City is ex officio
the Recorder of Carson City.
[Part 1:108:1866; B § 2599; BH § 1636; C § 1782; RL §
2765; NCL § 4765] + [Part 9:108:1866; B § 2607; BH § 1644; C § 1790; RL § 2773;
NCL § 4773] + [Part 17:108:1866; A 1921, 96; NCL § 4781]—(NRS A 1987, 56; 2009, 592)
NRS 247.020 Oath and bond. Each
of the county recorders of the several counties, before entering upon the
duties of office, shall:
1. Take the constitutional oath of office.
2. Enter into a bond in the penal sum of
not less than $10,000 nor more than $50,000, at the discretion of the board of
county commissioners with two or more sureties, to be approved by the county
clerk, conditioned for the faithful performance of his or her duties as county
recorder, unless a blanket fidelity bond is furnished by the county.
[1:104:1865; B § 2994; BH § 2190; C § 2340; RL §
1628; NCL § 2105]—(NRS A 1973, 387; 1979, 289)
NRS 247.040 Deputies.
1. All county recorders may appoint
deputies, who are authorized to transact all official business pertaining to
the office to the same extent as their principals. A deputy must be at least 18
years of age. The appointment of a deputy must not be construed to confer upon
that deputy policymaking authority for the office of the county recorder or the
county by which the deputy is employed.
2. County recorders are responsible on
their official bonds for all official malfeasance or nonfeasance of their
deputies. Bonds for the faithful performance of their official duties may be
required of deputies by county recorders.
3. All appointments of deputies under the
provisions of this section must be in writing and must, together with the oath
of office of the deputies, be recorded in the office of the recorder of the
county within which the county recorder legally holds office. Revocations of
such appointments must be recorded in the same manner. From the time of the
recording of the appointments or revocations, persons shall be deemed to have
notice of the appointment or revocation.
[Part 1:101:1864; A 1905, 33; 1913, 108; 1919 RL §
2848; NCL § 4848] + [2:101:1864; B § 3068; BH § 2280; C § 2452; RL § 2849; NCL
§ 4849] + [3:101:1864; B § 3069; BH § 2281; C § 2453; RL § 2850; NCL §
4850]—(NRS A 1969, 1463; 1993, 2431; 2001, 1733; 2005, 680)
NRS 247.050 Office; hours to remain open. County
recorders shall keep an office at the county seat of their county which shall
be kept open in accordance with the provisions of NRS 245.040.
[Part 1:178:1907; A 1929, 255; 1955, 6, 471]
NRS 247.060 Power to take acknowledgment and proof of documents affecting
real property; fees deposited in county general fund. A
county recorder may take and certify the acknowledgment and proof of all documents
affecting any real property for which the county recorder is entitled to
receive the same fees as are prescribed by law. A county recorder shall deposit
all such fees in the county general fund.
[2:104:1865; A 1871, 107; B § 2995; BH § 2191; C §
2341; RL § 1629; NCL § 2106]—(NRS A 1969, 1463; 2001, 1734)
NRS 247.070 Subscription to and microfilming of county newspapers.
1. A county recorder may purchase a
subscription for not more than three newspapers printed and published in the
county where the county recorder holds office.
2. The county recorder may microfilm each
issue of the newspaper or newspapers subscribed for as provided in subsection
1.
[1:25:1865; B § 3001; BH § 2197; C § 2347; RL § 1639;
NCL § 2140] + [2:25:1865; B § 3002; BH § 2198; C § 2348; RL § 1640; NCL § 2141]
+ [3:25:1865; B § 3003; BH § 2199; C § 2349; RL § 1641; NCL § 2142] + [Part
4:25:1865; B § 3004; BH § 2200; C § 2350; RL § 1642; NCL § 2143]—(NRS A 1961,
363; 1967, 537; 1987,
138; 2001,
1734)
NRS 247.080 Custody and responsibility for documents deposited in office. Each county recorder shall take custody of and
is responsible for all documents deposited in his or her office.
[1:120:1923; NCL § 2111]—(NRS A 2001, 1735)
NRS 247.090 Public inspection of documents on file in recorder’s office.
1. Except as otherwise provided in
subsection 2 and NRS 239B.030, all
documents on file in the office of the county recorder must, during office
hours, be open for inspection by any person without charge. The county recorder
must arrange the books of record and indexes in the county recorder’s office in
such suitable places as to facilitate their inspection.
2. A county recorder may allow inspection
and copying of records containing personal information about a deceased or
incapacitated person by a spouse, widow or widower, parent, sibling, child,
guardian or personal representative of the person. As used in this subsection,
“personal information” has the meaning ascribed to in NRS 603A.040.
[5:120:1923; NCL § 2115]—(NRS A 2001, 1735; 2007, 1314)
NRS 247.100 Documents to be recorded in order received; maintenance and
public inspection of records of transactions conducted in recorder’s office and
fees collected. Each county
recorder shall:
1. Except as otherwise provided in NRS 247.145, record each document in the order in
which it is received;
2. Maintain a record of all transactions
conducted within the office and a record of all fees collected; and
3. Make the records maintained pursuant to
subsection 2 available for public inspection during regular business hours.
[1:124:1905; RL § 1637; NCL § 2138] + [2:124:1905; RL
§ 1638; NCL § 2139]—(NRS A 1967, 538; 2001, 1735; 2003, 1928)
NRS 247.110 Duties and powers concerning document deposited for recording;
required format for certain documents submitted for recording; when document is
considered recorded.
1. When a document authorized, entitled or
required by law to be recorded is deposited in the county recorder’s office for
recording, the county recorder shall:
(a) Endorse upon it the time when it was
received, noting:
(1) The year, month, day, hour and minute
of its reception;
(2) The document number; and
(3) The amount of fees collected for
recording the document.
(b) Record the document without delay, together
with the acknowledgments, proofs and certificates, written upon or annexed to
it, with the plats, surveys, schedules and other papers thereto annexed, in the
order in which the papers are received for recording.
(c) Note at the upper right corner of the record
and upon the document, except a map, so recorded the exact time of its
reception and the name of the person at whose request it was recorded.
(d) Upon request, place a stamp or other notation
upon one copy of the document presented at the time of recording to reflect the
information endorsed upon the original pursuant to subparagraphs (1) and (2) of
paragraph (a) and as evidence that the county recorder received the original,
and return the copy to the person who presented it.
2. In addition to the information
described in paragraph (a) of subsection 1, a county recorder may endorse upon
a document the book and page where the document is recorded.
3. Except as otherwise provided in this
section, subsection 5 of NRS 247.305 and NRS 111.366 to 111.3697, inclusive, a document, except a
map, certificate or affidavit of death, military discharge or document
regarding taxes that is issued by the Internal Revenue Service of the United
States Department of the Treasury, that is submitted for recording must be on a
form authorized by NRS 104.9521 for
the type of filing or must:
(a) Be on white, 20-pound paper that is 8 1/2
inches by 11 inches in size.
(b) Have a margin of 1 inch on the left and right
sides and at the bottom of each page.
(c) Have a space of 3 inches by 3 inches at the
upper right corner of the first page and have a margin of 1 inch at the top of
each succeeding page.
(d) Not be on sheets of paper that are bound
together at the side, top or bottom.
(e) Not contain printed material on more than one
side of each page.
(f) Not have any documents or other materials
physically attached to the paper.
(g) Not contain:
(1) Colored markings to highlight text or
any other part of the document;
(2) A stamp or seal that overlaps with
text or a signature on the document, except in the case of a validated stamp or
seal of a professional engineer or land surveyor who is licensed pursuant to chapter 625 of NRS;
(3) Text that is smaller than a 10-point
Times New Roman font and is printed in any ink other than black; or
(4) More than nine lines of text per
vertical inch.
4. The provisions of subsection 3 do not
apply to a document submitted for recording that has been filed with a court
and which conforms to the formatting requirements established by the court.
5. A document is recorded when the
information required pursuant to this section is placed on the document and is
entered in the record of the county recorder.
[4:120:1923; A 1935, 247; 1931 NCL § 2114]—(NRS A
1965, 619; 1987,
772; 2001,
1736; 2003,
75, 845,
1928, 2814; 2007, 140; 2011, 595)
NRS 247.115 Authority to accept electronic documents for recording.
1. A county recorder may elect to accept
electronic documents for recording in accordance with the provisions of NRS 111.366 to 111.3697, inclusive.
2. If a county recorder elects to accept
electronic documents for recording and there is a conflict between the
provisions of NRS 111.366 to 111.3697, inclusive, and the provisions
of this chapter, the provisions of NRS
111.366 to 111.3697, inclusive,
control.
(Added to NRS by 2007, 139)
NRS 247.120 Manner of recording specified documents.
1. Except as otherwise provided in NRS 247.145, each county recorder shall, upon the
payment of the prescribed statutory fees, record separately, in a manner which
will allow a legible copy to be made, the following specified documents:
(a) Deeds, grants, patents issued by the State of
Nevada or by the United States, transfers and mortgages of real estate,
releases of mortgages of real estate, powers of attorney to convey real estate,
and leases of real estate which have been acknowledged or proved.
(b) Except as otherwise provided in NRS 246.100, certificates of marriage and
marriage contracts.
(c) Wills admitted to probate.
(d) Official bonds.
(e) Notice of mechanics’ liens.
(f) Transcripts of judgments which by law are
made liens upon real estate in this State and affidavits of renewal of those
judgments.
(g) Notices of attachment upon real estate.
(h) Notices of the pendency of an action
affecting real estate, the title thereto or the possession thereof.
(i) Instruments describing or relating to the
separate property of married persons.
(j) Notice of preemption claims.
(k) Notices and certificates of location of
mining claims.
(l) Affidavits of proof of annual labor on mining
claims.
(m) Affidavits of intent to hold mining claims
recorded pursuant to subsection 3 of NRS
517.230.
(n) Certificates of sale.
(o) Judgments or decrees.
(p) Declarations of homesteads.
(q) Such other writings as are required or
permitted by law to be recorded.
2. Each of the documents named in
paragraph (a) of subsection 1 may be recorded in separate books in the
discretion of the county recorder.
3. Except as otherwise provided in this
subsection, before accepting for recording any document enumerated in
subsection 1, the county recorder shall require a document suitable for
recording by a method used by the recorder to preserve the recorder’s records.
The county recorder may conform the size of a declaration of homestead that
does not meet the formatting requirements set forth in subsection 3 of NRS 247.110 so that the declaration is suitable for
recording by a method used by the recorder to preserve the recorder’s records.
If any rights may be adversely affected because of a delay in recording caused by
this requirement, the county recorder shall accept the document conditionally
subject to submission of a suitable document at a later date. Before accepting
a document conditionally, the recorder shall require the person who requests
the recording to sign a statement that the person has been advised of the
requirements described in this subsection and record the statement with the
document.
[Part 2:120:1923; A 1935, 247; 1949, 84; 1943 NCL §
2112]—(NRS A 1963, 5; 1971, 804; 1977, 264; 1981, 238; 1985, 1681; 1987, 708; 1993, 299; 1995, 1526; 2001, 1737; 2003, 1929; 2007, 538, 885)
NRS 247.130 Recording in general series called “Official Records.”
1. In lieu of any of the separate books
provided for in NRS 247.120, the county recorder
may record a document designated in NRS 247.120 in
one general series to be called “Official Records.”
2. The recording of a document in such
“Official Records” will impart notice in like manner and effect as if the
document were recorded in any of the separate books provided for in this
chapter.
[Part 2:120:1923; A 1935, 247; 1949, 84; 1943 NCL §
2112]—(NRS A 2001,
1738)
NRS 247.145 Presentation of document for recording; denial of request to
record document.
1. County recorders may record any
document authorized, entitled or required by law to be recorded when presented
for recording.
2. A county recorder may deny a request to
record a document if, within 2 judicial days after presentation of the
document, the recorder determines that the document is unauthorized, falsified
or otherwise may not be lawfully recorded. If a recorder fails to make such a
determination within the specified period, the recorder shall record the
document as soon as practicable, unless otherwise ordered by a court.
3. A county recorder who denies a request
to record a document pursuant to subsection 2 shall retain a copy of the
document and, within 2 judicial days after the county recorder denies the
request, shall provide the requester with written notice, on a form prescribed
by the county recorder, of:
(a) The reason that the recorder is denying the
recordation of the document;
(b) The right of the requester to judicial review
of the denial; and
(c) The criminal penalty set forth in subsection
5.
Ê If a
recorder fails to provide the notice required by this subsection within the
specified period, the recorder shall record the document as soon as
practicable, unless otherwise ordered by a court.
4. If a request to record a document is
denied pursuant to subsection 2, the requester may apply to the district court
in the county in which the request was denied for an order to record the
document. The court shall give this matter priority over other civil matters to
which priority is not given by other statutes. If the requester prevails:
(a) The requester is entitled to recover from the
county recorder any filing fees that he or she paid related to the proceeding.
(b) The county recorder shall record the document
as soon as practicable.
5. If a county recorder denied recordation
of a document pursuant to subsection 2, a person shall not resubmit the
document for recordation unless the document has been modified in such a manner
that it may be lawfully recorded or the person has obtained a court order
pursuant to subsection 4. Unless a greater penalty is provided by NRS 239.330, a violation of this
subsection is a misdemeanor.
6. Except as otherwise provided in
paragraph (a) of subsection 4, a county recorder who acts in good faith in
denying recordation of a document pursuant to this section is immune from
liability for damages to the requester or any person whom the document concerns
or affects.
(Added to NRS by 1957, 150; A 1985, 1682; 2001, 1738; 2003, 1930)
NRS 247.150 Indexes: Requirements; methods; contents.
1. Each county recorder shall maintain two
separate indexes in his or her office for the separate alphabetical recordation
of the various classes of documents specified in NRS
247.120. One of the indexes must be for the grantors, defendants,
mortgagors, trustors, lessors, vendors, assignors, appointors, parties
releasing, judgment debtors, testators, obligors under bonds, parties against whom
liens are claimed or attachments issued, mining locators, name of mine, persons
filing or parties adversely affected by the document indexed, and the other
index must be for the grantees, plaintiffs, mortgagees, beneficiaries, lessees,
vendees, assignees, appointees, parties whose mortgages, deeds of trust, liens
and similar encumbrances are released or the parties benefited by the document
indexed.
2. Each of the indexes must be so arranged
as to show:
(a) The names of each of the parties to each document
except as otherwise provided in subsection 5.
(b) The date on which the document was recorded
in the office of the county recorder.
(c) The book and page where the document is
recorded, or the document number.
(d) Such other data as in the discretion of the
county recorder may seem desirable.
Ê If the index
is one general series for all documents recorded, it must also show the
character of the document indexed.
3. A county recorder may keep in the same
volume any two or more of the indexes provided for in this section, but the
indexes must be kept distinct from each other. Every volume of indexes must be
distinctly marked on the outside in such a way as to show all of the indexes
kept in it.
4. The first column of the several indexes
for parties adversely affected and parties benefited must be arranged in
alphabetical order.
5. When a conveyance is executed by a
sheriff, the name of the county and the party charged in the execution must
both be inserted in the indexes. When a document is recorded to which an
executor, administrator, guardian or trustee is a party, the name of the
executor, administrator, guardian or trustee, together with the name of the
testator, intestate, or ward, or party for whom the trust is held, must be
inserted in the index, except that the name of the trustee in a deed of trust
or in a partial or full deed of reconveyance need not be indexed. A trustee’s
deed given upon exercise of the power of sale under any deed of trust must be
indexed under the names of the original trustor and the grantee named in it. A
document affecting a limited partnership is not required to be indexed under
the names of the limited partners if it is indexed under the names of the
partnership and the general partners.
6. In addition to the indexes required by
this section, the county recorder shall keep and maintain other indexes
required in the performance of his or her official duties.
7. Except as otherwise provided in
subsection 8, every document deposited in the office of any county recorder for
recordation, must be alphabetically indexed under the names of each party
adversely affected by the document and under the names of each party benefited
by the document so indexed.
8. A map of a minor county road that is
recorded in the office of a county recorder must:
(a) Be recorded in the index for grantors
according to the townships, ranges and sections indicated on the face of the
map; and
(b) Show the character of the document as a map
of a minor county road.
9. As an alternative to the method of
indexing prescribed by this section, the county recorder may use in place of
the index books or volumes:
(a) Card indexes with a metal-reinforced hole
punched in them for rod insertion, and the card indexes must be kept in
suitable metal file cabinets.
(b) A secure electronic method of indexing,
including, without limitation, microfilm produced by computer or a system using
computer terminals.
[3:120:1923; A 1935, 247; 1953, 164]—(NRS A 1965,
929; 1971, 844; 1973, 336; 1975, 1424; 1979, 9; 1985, 1682; 1993, 1401; 2001, 1738)
NRS 247.155 Recorder may require electronic version or other copy of
documents with large number of names.
1. If a document contains the names of 200
or more persons which must be indexed in accordance with NRS
247.150, a county recorder may require the person who requests the
recording of that document to provide the office of the county recorder with an
electronic version or other copy of the document that:
(a) Is compatible with and readable by the
computer in the office of the county recorder; and
(b) Complies with the indexing standards of the
county recorder.
2. If an electronic version or other copy
described in subsection 1 is furnished, the county recorder shall not charge a
filing fee for any page which contains those names.
(Added to NRS by 1983, 348; A 2001, 1739)
NRS 247.160 Date of indexing imparts notice when document inserted into
record book other than that designated by law. Whenever
a document is recorded by a county recorder or a copy of a document has been
inserted into a book of record other than that designated by law, but is later
included in the correct index, the document from the date of indexing imparts
notice of its contents to all persons. Subsequent purchasers, mortgagees,
lienholders and encumbrancers purchase and take with like notice and effect as
if the document had been recorded in the proper book of record.
[6:120:1923; A 1949, 84; 1943 NCL § 2116]—(NRS A 1985, 1683; 2001, 1740)
NRS 247.170 Indexing of document recorded as deed of trust, mortgage or
financing statement.
1. Whenever a document has been recorded
by a county recorder as a deed of trust, mortgage or financing statement, or a
copy of a document has been inserted into a book of deeds, deeds of trust,
mortgages or financing statement, the document need not be again recorded in
the office as a different document from that so recorded, but the county
recorder shall:
(a) Index the document in any of the indexes kept
in the county recorder’s office upon the request of the person requesting the
recording of the document; and
(b) Index the payment to him or her of his or her
legal fees for such indexing.
2. The document from the date of such
indexing imparts notice of its contents to all persons, and subsequent
purchasers, mortgagees, lienholders and encumbrancers purchase and take with
like notice and effect as if the document had been copied or recorded in the
proper book of records corresponding with all indexes where so indexed.
[7:120:1923; A 1949, 84; 1943 NCL § 2117]—(NRS A
1965, 931; 1985,
1684; 2001,
1740)
NRS 247.180 Recording and indexing of document conveying, encumbering or
mortgaging both real and personal property; county recorder to provide copy of
document or access to digital document to county assessor.
1. Except as otherwise provided in NRS 111.312 and 247.145,
whenever a document conveying, encumbering or mortgaging both real and personal
property is presented to a county recorder for recording, the county recorder
shall record the document. The record must be indexed in the real estate index
as deeds and other conveyances are required by law to be indexed, and for which
the county recorder may receive the same fees as are allowed by law for
recording and indexing deeds and other documents, but only one fee for the
recording of a document may be collected.
2. A county recorder who records a
document pursuant to this section shall, within 7 working days after the county
recorder records the document, provide to the county assessor at no charge:
(a) A duplicate copy of the document and any
supporting documents; or
(b) Access to the digital document and any
digital supporting documents. Such documents must be in a form that is
acceptable to the county recorder and the county assessor.
[6:104:1865; added 1921, 157; R 1923, 199; A 1935,
328; 1931 NCL § 2110]—(NRS A 1989, 1645; 2001, 1558, 1740; 2003, 75, 1930, 2781)
NRS 247.190 Notice provided by recorded document; names of signers to be
typed or printed beneath original signatures; affidavit.
1. A document acknowledged or proved and
certified and recorded in the manner prescribed in this chapter from the time
of depositing the document with the county recorder of the proper county for
record, provides notice to all persons of the contents thereof, and all third
parties shall be deemed to purchase and take with notice.
2. All documents deposited for recordation
with the county recorder must have typed or legibly printed the names of all
signers thereon, excluding those of the acknowledging officers and witnesses,
beneath the original signatures. If a document does not contain the typed or
printed names, the county recorder shall accept the document for recordation if
accompanied by an affidavit, for recordation with the document, correctly
spelling in legible print or type the signatures appearing on the document.
This requirement does not apply to military discharges or military documents,
to wills or court records, or to a document dated before July 1, 1963. Failure
to print or type signatures as provided in this subsection does not invalidate
the document.
[8:120:1923; A 1935, 247; 1931 NCL § 2118]—(NRS A
1963, 200; 2001,
1741)
NRS 247.200 Documents affecting real property to be recorded in county where
situated. A document affecting
real property must be recorded in the office of the county recorder of the
county in which the real property is situated.
[9:120:1923; NCL § 2119]—(NRS A 2001, 1741; 2003, 1931)
NRS 247.210 Recordation of certified copy or abstract of document recorded
in another state. A copy or
abstract of a document once recorded or filed in any recording office of any
state, certified by the county recorder or other appropriate officer in whose
public office the document is recorded or filed, may be recorded in any county
of this state, and when so recorded, the record thereof has the same force and
effect as though it were of the original document.
[10:120:1923; A 1935, 247; 1949, 84; 1943 NCL §
2120]—(NRS A 1965, 620; 1985, 1684; 1991, 68; 2001, 1741)
NRS 247.215 Certificate of marriage: Production of certified abstract in
lieu of certified copy. In lieu of
producing a certified copy of a certificate of marriage, the county recorder
may produce an abstract of the recorded certificate of marriage and certify the
abstract in his or her official name and title, and under his or her official
seal.
(Added to NRS by 1991, 68)
NRS 247.251 Use of facsimile signature: Conditions and restrictions.
1. Each county recorder may use a
facsimile signature produced through a mechanical device in place of the county
recorder’s handwritten signature whenever the necessity arises and upon
approval of the board of county commissioners, subject to the following
conditions:
(a) That the mechanical device must be of such a
nature that the facsimile signature may be removed from the mechanical device
and kept in a separate secure place.
(b) That the use of the facsimile signature may
be made only under the direction and supervision of the county recorder whose
signature it represents.
(c) That the entire mechanical device must at all
times be kept in a vault, securely locked, when not in use, to prevent any
misuse of the device.
2. No facsimile signature produced through
a mechanical device authorized by the provisions of this section may be
combined with the signature of another officer.
(Added to NRS by 1989, 998)
NRS 247.305 Fees: Amount; collection; disposition of excess payment; payment
to county treasurer.
1. If another statute specifies the fee to
be charged for a service, county recorders shall charge and collect only the
fee specified. Otherwise, unless prohibited by NRS 375.060, county recorders shall charge
and collect the following fees:
(a) For recording any document, for the first
page, $10.
(b) For each additional page, $1.
(c) For recording each portion of a document
which must be separately indexed, after the first indexing, $3.
(d) For copying any record, for each page, $1.
(e) For certifying, including certificate and
seal, $4.
(f) For a certified copy of a certificate of
marriage, $10.
(g) For a certified abstract of a certificate of
marriage, $10.
(h) For a certified copy of a certificate of
marriage or for a certified abstract of a certificate of marriage, the
additional sum of $5 for the Account for Aid for Victims of Domestic Violence
in the State General Fund. The fees collected for this purpose must be paid
over to the county treasurer by the county recorder on or before the fifth day
of each month for the preceding calendar month, and must be credited to that
Account. The county treasurer shall, on or before the 15th day of each month, remit
those fees deposited by the recorder to the State Controller for credit to that
Account.
2. Except as otherwise provided in this
subsection and NRS 375.060, a county
recorder may charge and collect, in addition to any fee that a county recorder
is otherwise authorized to charge and collect, an additional fee not to exceed
$3 for recording a document, instrument, paper, notice, deed, conveyance, map,
chart, survey or any other writing. A county recorder may not charge the
additional fee authorized in this subsection for recording an originally signed
certificate of marriage described in NRS
122.120. On or before the fifth day of each month, the county recorder
shall pay the amount of fees collected by him or her pursuant to this
subsection to the county treasurer for credit to the account established
pursuant to NRS 247.306.
3. Except as otherwise provided in this
subsection and NRS 375.060, a county
recorder shall charge and collect, in addition to any fee that a county
recorder is otherwise authorized to charge and collect, an additional fee of $1
for recording a document, instrument, paper, notice, deed, conveyance, map,
chart, survey or any other writing. A county recorder shall not charge the
additional fee authorized in this subsection for recording an originally signed
certificate of marriage described in NRS
122.120. On or before the fifth day of each month, the county recorder
shall pay the amount of fees collected by him or her pursuant to this
subsection to the county treasurer. On or before the 15th day of each month,
the county treasurer shall remit the money received by him or her pursuant to
this subsection to the State Treasurer for credit to the Account to Assist Persons
Formerly in Foster Care established pursuant to NRS 432.017.
4. Except as otherwise provided in this
subsection and NRS 375.060, a board of
county commissioners may, in addition to any fee that a county recorder is
otherwise authorized to charge and collect, impose by ordinance a fee of not
more than $3 for recording a document, instrument, paper, notice, deed, conveyance,
map, chart, survey or any other writing. A county recorder shall not charge the
additional fee authorized by this subsection for recording an originally signed
certificate of marriage described in NRS
122.120. On or before the fifth day of each month, the county recorder
shall pay the amount of fees collected by him or her pursuant to this
subsection to the county treasurer. On or before the 15th day of each month,
the county treasurer shall remit the money received by him or her pursuant to
this subsection to the organization operating the program for legal services
for the indigent that receives the fees charged pursuant to NRS 19.031 to be used to provide legal
services for abused and neglected children.
5. Except as otherwise provided in this
subsection or subsection 6 or by specific statute, a county recorder may charge
and collect, in addition to any fee that a county recorder is otherwise
authorized to charge and collect, an additional fee not to exceed $25 for
recording any document that does not meet the standards set forth in subsection
3 of NRS 247.110. A county recorder shall not
charge the additional fee authorized by this subsection for recording a
document that is exempt from the provisions of subsection 3 of NRS 247.110.
6. Except as otherwise provided in
subsection 7, a county recorder shall not charge or collect any fees for any of
the services specified in this section when rendered by the county recorder to:
(a) The county in which the county recorder’s
office is located.
(b) The State of Nevada or any city or town
within the county in which the county recorder’s office is located, if the
document being recorded:
(1) Conveys to the State, or to that city
or town, an interest in land;
(2) Is a mortgage or deed of trust upon
lands within the county which names the State or that city or town as
beneficiary;
(3) Imposes a lien in favor of the State
or that city or town; or
(4) Is a notice of the pendency of an
action by the State or that city or town.
7. A county recorder shall charge and
collect the fees specified in this section for copying any document at the
request of the State of Nevada, and any city or town within the county. For
copying, and for his or her certificate and seal upon the copy, the county
recorder shall charge the regular fee.
8. If the amount of money collected by a
county recorder for a fee pursuant to this section:
(a) Exceeds by $5 or less the amount required by
law to be paid, the county recorder shall deposit the excess payment with the
county treasurer for credit to the county general fund.
(b) Exceeds by more than $5 the amount required
by law to be paid, the county recorder shall refund the entire amount of the
excess payment.
9. Except as otherwise provided in
subsection 2, 3, 4 or 8 or by an ordinance adopted pursuant to the provisions
of NRS 244.207, county recorders shall,
on or before the fifth working day of each month, account for and pay to the
county treasurer all such fees collected during the preceding month.
10. For the purposes of this section,
“State of Nevada,” “county,” “city” and “town” include any department or agency
thereof and any officer thereof in his or her official capacity.
(Added to NRS by 1967, 279; A 1973, 171, 1678; 1977, 335; 1981, 213; 1983, 540; 1985, 1005, 1684; 1989, 1063; 1991, 68; 1993, 52, 1350; 1999, 884; 2001, 1741, 3209; 2003, 227, 2815; 2005, 2058; 2005, 22nd
Special Session, 52; 2007, 538, 2187; 2009, 265; 2011, 596; 2013, 3672)
NRS 247.306 Account for acquisition or improvement of technology used in
recorder’s office; annual report.
1. If a county recorder imposes an
additional fee pursuant to subsection 2 of NRS 247.305,
the proceeds collected from such a fee must be accounted for separately in the
county general fund. Any interest earned on money in the account, after
deducting any applicable charges, must be credited to the account. Money that
remains in the account at the end of a fiscal year does not revert to the
county general fund, and the balance in the account must be carried forward to
the next fiscal year.
2. The money in the account must be used
only to acquire technology for or improve the technology used in the office of
the county recorder, including, without limitation, costs related to acquiring
or improving technology for converting and archiving records, purchasing
hardware and software, maintaining the technology, training employees in the
operation of the technology and contracting for professional services relating
to the technology.
3. The county recorder shall submit an
annual report to the board of county commissioners of the county which contains:
(a) An estimate of the proceeds that the county
recorder will collect from the additional fee imposed pursuant to subsection 2
of NRS 247.305 in the following fiscal year; and
(b) A proposal for expenditures of the proceeds
from the additional fee imposed pursuant to subsection 2 of NRS 247.305 for the costs related to the technology
required for the office of the county recorder for the following fiscal year.
(Added to NRS by 2001, 3208)
NRS 247.310 Fees for recording certain affidavits concerning mining claims;
payment of fees to county treasurer.
1. Except as otherwise provided by law,
county recorders shall charge the following fees for recording affidavits of
proof of labor on mining claims and for recording, pursuant to subsection 3 of NRS 517.230, affidavits of intent to hold
mining claims:
For recording any
such affidavits that embrace therein one claim................. $2
For each additional
mining claim embraced in the affidavit....................... 2
2. Except as otherwise provided by an
ordinance adopted pursuant to the provisions of NRS 244.207, county recorders shall, on or
before the 5th working day of each month, account for and pay to the county
treasurer all such fees collected during the preceding month.
[1:83:1911; RL § 2046; NCL § 2977]—(NRS A 1959, 748;
1969, 1464; 1973, 1678; 1981, 214; 1985, 1006; 1987, 709; 1993, 300, 1351; 2001, 3210)
NRS 247.320 Recording and providing certified copies of deeds or judgments
for United States; no fee to be charged.
1. A county recorder shall:
(a) Except as otherwise provided in NRS 247.145, record deeds of conveyances and judgments
vesting or perfecting title in the United States; and
(b) Provide one certified copy of the official
record to the interested government representative.
2. A county recorder shall not charge fees
for the services required by this section.
[1:16:1943; A 1955, 401]—(NRS A 1965, 620; 1967, 363;
2001, 1742;
2003, 1931)
NRS 247.330 Fees payable in advance. A
county recorder shall not record any document, furnish any copies or render any
other service connected with his or her office, until the fees for the
services, as prescribed by law, are paid or tendered.
[5:104:1865; B § 2998; BH § 2194; C § 2344; RL §
1632; NCL § 2109]—(NRS A 2001, 1742)
NRS 247.340 No other fees to be charged. No
other fees shall be charged by county recorders than those specifically set
forth in this chapter or otherwise provided by law.
[Part 17:49:1883; BH § 2358; C § 2482; RL § 2019; NCL
§ 2950]
NRS 247.370 Penalty for willfully taking unauthorized fees. Any county recorder who willfully violates any
of the provisions of NRS 247.340 shall be fined not
more than $1,000.
[Part 21:49:1883; BH § 2362; C § 2486; RL § 2023; NCL
§ 2954]—(NRS A 1967, 539; 1987, 109; 2001, 1742)
NRS 247.380 Penalty for willfully taking excessive fees. If any county recorder willfully takes more or
greater fees than are allowed by law, the county recorder is liable to
indictment, and on conviction must be removed from office and fined not more
than $1,000.
[Part 22:49:1883; BH § 2363; C § 2487; RL § 2024; NCL
§ 2955]—(NRS A 2001,
1742)
NRS 247.390 Table of fees to be posted; penalties. Any
county recorder receiving fees as provided by law shall post in a conspicuous
place in the county recorder’s office a fee table for public inspection. A sum
not exceeding $20 for each day of his or her omission so to do must be
forfeited, which sum with costs may be recovered by any person by an action
before any justice of the peace of the same county.
[Part 23:49:1883; BH § 2364; C § 2488; RL § 2025; NCL
§ 2956]—(NRS A 2001,
1742)
NRS 247.410 Liability for wrongful acts. A
county recorder is liable to a party aggrieved for three times the amount of
the damages that may be occasioned thereby if the county recorder:
1. Neglects or refuses to record a
document that is authorized, entitled or required by law to be recorded within
a reasonable time after receiving the document;
2. Records a document willfully or
negligently, untruly or in any other manner than is directed in this chapter;
3. Neglects or refuses to maintain in the
county recorder’s office such indexes as are required by this chapter, or to
make the proper entries therein; or
4. Except as otherwise provided in
subsection 3 of NRS 247.120, alters, changes or
obliterates any record or any filed document deposited in the county recorder’s
office, or inserts any new matter therein.
[11:120:1923; A 1935, 247; 1931 NCL § 2121]—(NRS A 2001, 1743; 2003, 1931; 2007, 540)
