New News For Home Home On The Range ... Nevada Open Range Disclosure Laws
Nevada is an Open Range state. That means many things and can be confusing for people traveling through, or moving to, our great State. Simply put, Open Range means that domesticated animals on the range have rights and the responsibility to avoid them on the roadway in an Open Range situation, or to keep them off of private property, is that of the driver or adjacent property owner, not the animals' owners.
Open Range is defined in NRS 568.355 as "... all unenclosed land outside of cities and towns upon which cattle, sheep or other domestic animals by custom, license, lease or permit are grazed or permitted to roam." If you own property that is adjacent to Open Range it is your responsibility to fence your property to prevent entry by animals if you don't want them on your property. Further, you are responsible for preventing your dog from chasing, worrying, injuring or killing cattle, sheep or other domestic animals on the open range or on private property.
The Open Range is intrinsic to the Nevada mindset and way of life. It isn't always understood or appreciated by newcomers, especially if they have not been apprised of its impact on them when they move next to an Open Range property. The resulting consternation and occasional litigation necessitated the use of an Open Range Disclosure being mandated by the Nevada Legislature for sales of property adjacent to Open Range for several years now.
Apparently, the simple disclosure signed by the Buyer is not enough to protect the Seller. Effective July 1, 2010 there are new disclosure requirements required as a result of Senate Bill 106 from the 2009 Legislative Session. The new law requires: Before a purchaser signs a sales agreement, the seller must provide the mandated disclosure document to a potential purchaser. Upon being provided the disclosure document by the seller, the purchaser must sign the disclosure document that has been provided by the seller and, upon signing, the purchaser must acknowledge on the document the date he has received the disclosure.
If the purchaser does not sign (refuses to sign) and return the "original" disclosure form the seller cannot execute the sales agreement. The seller then gives the potential purchaser a copy that at that point is only signed and dated by purchaser acknowledging receipt thereof. Seller maintains the "original" document. At or before closing the seller's signature is notarized on the "original" disclosure document and at, or after closing, the seller is to record the original document with the recorder of the county where the property is located.
Our advice: Requiring the Seller's signature to be notarized and the document recorded speaks volumes about the seriousness of this new law. The new form is available at http://www.red.state.nv.us/forms/551_2010.pdf. If you are selling property near Open Range, whether adjacent, or not, it is probably a good idea to go through the exercise of disclosure to protect yourself from any future litigation from a Buyer. Being right won't keep you out of a lawsuit, but being right with supporting documentation can help you achieve a positive result.
Nevada is attractive and a great place to live largely because of its character. We believe Open Range is a vital component of that character and should be respected and protected for the sake of Nevada's agricultural heritage and the descendants of the pioneers that settled here and established a lifestyle for all of us to enjoy - whether in reality or simply vicariously while living by the range. When it comes to choosing professionals to assist you with your real estate needs... Experience is Priceless! Lisa Wetzel & Jim Valentine, CDPE, SFR, RE/MAX Realty Affiliates, 775-781-5472. firstname.lastname@example.org, www.carsonvalleyland.com
Lisa Wetzel and Jim Valentine are the authors of this blog. Lisa, Jim and Jessie are experts in Carson Valley , Carson City and the tri-county area of Douglas County , Carson City and Lyon County. Call our team anytime at 775-781-5472 or 775-781-3704. To Search for Homes go to: Carson Valley Listing Book or visit our website at www.CarsonValleyLand.com