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Nevada real estate law is governed primarily by Chapter 111 of the Nevada Revised Statutes. While recording is not technically mandatory to create a valid conveyance between the parties, it is essential to protect priority and provide notice to third parties.

Recording and Notice

A conveyance of real property, or any instrument affecting real property, should be acknowledged and recorded in the office of the county recorder in the county where the property is located (NRS 111.315). An unrecorded instrument is valid between the parties but does not operate as notice to third persons.

Nevada follows a race-notice recording system. A conveyance that is not recorded is void against a subsequent purchaser in good faith and for valuable consideration whose conveyance is first duly recorded (NRS 111.325). Once properly acknowledged and recorded, an instrument imparts notice to all persons from the time of filing (NRS 111.320).

Form and Scope of Conveyance

A “conveyance” includes every written instrument—other than a will—by which an estate or interest in land is created, assigned, alienated, or surrendered (NRS 111.010). A deed must be signed by a person of lawful age who has authority to convey the interest, or by that person’s lawful agent or attorney, and must be acknowledged or proved before it can be recorded (NRS 111.105).

Grant deeds are commonly used in Nevada, along with quitclaim deeds. A grant deed typically conveys whatever interest the grantor holds, while a quitclaim deed transfers the grantor’s interest without warranties.

Ownership and Legal Capacity

Nevada permits resident citizens, non-resident aliens, persons, and corporations to acquire and convey real property on equal terms (NRS 111.055). Unlike some states, Nevada does not broadly restrict alien ownership of land.

A person may convey his or her interest in real property even if the land is held adversely by another (NRS 111.165). Property may be owned individually, jointly, or by corporations, and the method of conveyance depends on the form of ownership and the parties’ intent.

Execution and Proof

Every conveyance must be acknowledged or proved in accordance with statutory requirements before it is eligible for recording. Within Nevada, acknowledgments may be taken before a judge or clerk of a court having a seal, a notary public, or a justice of the peace (NRS 111.265).

If a conveyance is not acknowledged, proof of execution may be made through the testimony of a subscribing witness, or, if witnesses are unavailable, by proof of handwriting as provided by statute (NRS 111.115). The officer taking the acknowledgment or proof must endorse a certificate under seal or stamp, where required.

Because Nevada relies on recording to establish priority and constructive notice, careful execution and prompt filing with the county recorder are essential to ensure that a conveyance is enforceable against later purchasers and creditors.