Nevada Subordination of Mortgage Lien to Easement and Right of Way refers to a legal process that allows a property owner to grant an easement or a right of way over their land, while ensuring that their mortgage lien remains subordinate to the new rights. This means that in the event of foreclosure or sale, the easement or right of way will maintain its priority over the mortgage. In the state of Nevada, there are several types of subordination of mortgage lien to easement and right of way, each serving a different purpose: 1. Voluntary Subordination: This occurs when a property owner voluntarily decides to subordinate their mortgage lien to a newly created easement or right of way. This could be for various reasons, such as granting access to a neighboring property, utility companies, or public entities like municipalities. 2. Constructive Subordination: This type of subordination may arise when the creation of an easement or right of way is necessary for the proper use or development of a property. The court may order the mortgage lien to be subordinated to the rights, ensuring that the property can be adequately utilized. 3. Necessity Subordination: When an easement or right of way is deemed necessary for the use and enjoyment of a particular property, the mortgage lien on that property may be subordinated to grant the required access or utility. This is typically done to avoid impeding the functionality or value of the property. 4. Equitable Subordination: In certain cases where the mortgage lender agrees, either voluntarily or through a court order, the mortgage lien can be equitably subordinated to an easement or right of way. This can occur when it is perceived as fair and just to prioritize the interests of others over the mortgage holder. Nevada Subordination of Mortgage Lien to Easement and Right of Way is a vital legal mechanism that facilitates smooth land-use operations, development, and access rights. It maintains the rights of the mortgage lender while ensuring the necessary easements and rights of way can be established to promote efficient property utilization. It's important to consult with qualified legal professionals or title companies to navigate the complexities of this process and ensure compliance with Nevada state laws.
Nevada Subordinaton of Mortgage Lien to Easement and Right of Way
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845. (a) The owner of any easement in the nature of a private right-of-way, or of any land to which any such easement is attached, shall maintain it in repair. California Civil Code § 845 (2022) - Justia Law justia.com ? title-3 ? chapter-2 ? section-845 justia.com ? title-3 ? chapter-2 ? section-845
The owner of a negative easement is able to prevent the owner or possessor of the property from using the land in a manner that is described by the terms of the easement. In other words, an easement is a right to use another person's land for a limited purpose or to prevent the use of that land for a specific purpose. Foundations of Law - Introduction to Easements - LawShelf lawshelf.com ? coursewarecontentview ? introduct... lawshelf.com ? coursewarecontentview ? introduct...
Dominant estate (also called dominant tenement) refers to the property that uses an easement over another property. For example, if lot A had an easement over lot B to access the highway, lot A would be the dominant estate. dominant estate | Wex | US Law | LII / Legal Information Institute cornell.edu ? wex ? dominant_estate cornell.edu ? wex ? dominant_estate
Generally, the owner of any easement has a duty to maintain the easement.
A private easement is an agreement between two property owners giving the owner of one property the right to use another's property for a specific purpose. For example, such an easement might be drawn up if a neighbor needs to run pipe under your property to get to their house. These may be freely granted or sold.
An easement intended to run with some benefitted land is called appurtenant to the benefitted land (also called the dominant tenement holding or dominant estate). Otherwise, the easement is personal to the grantee and is called in gross.
Legal title remains in the land owner for all other purposes, subject to the easement. An easement is a non-possessory interest in the land of another, which entitles the owner of the easement to a limited privilege to use the other's land. Easements in Nevada: Drafting of Easements Lorman Education Services ? resources ? easements-in-n... Lorman Education Services ? resources ? easements-in-n...
