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.

Source: Section 247.145 — Presentation of document for recording; denial of request to record document., https://www.­leg.­state.­nv.­us/NRS/NRS-247.­html#NRS247Sec145.

247.005
“Document” defined.
247.010
Election
247.020
Oath and bond.
247.040
Deputies.
247.050
Office
247.060
Power to take acknowledgment and proof of documents affecting real property
247.070
Subscription to and microfilming of county newspapers.
247.080
Custody and responsibility for documents deposited in office.
247.090
Public inspection of documents on file in recorder’s office.
247.100
Documents to be recorded in order received
247.110
Duties and powers concerning document deposited for recording
247.115
Authority to accept electronic documents for recording.
247.120
Manner of recording specified documents.
247.130
Recording in general series called “Official Records.”
247.145
Presentation of document for recording
247.150
Indexes: Requirements
247.155
Recorder may require electronic version or other copy of documents with large number of names.
247.160
Date of indexing imparts notice when document inserted into record book other than that designated by law.
247.170
Indexing of document recorded as deed of trust, mortgage or financing statement.
247.180
Recording and indexing of document conveying, encumbering or mortgaging both real and personal property
247.190
Notice provided by recorded document
247.200
Documents affecting real property to be recorded in county where situated.
247.210
Recordation of certified copy or abstract of document recorded in another state.
247.215
Certificate of marriage: Production of certified abstract in lieu of certified copy.
247.251
Use of facsimile signature: Conditions and restrictions.
247.305
Fees: Amount
247.306
Account for acquisition or improvement of technology used in recorder’s office
247.310
Fees for recording certain documents concerning mining claims
247.320
Recording and providing certified copies of deeds or judgments for United States
247.330
Fees payable in advance.
247.340
No other fees to be charged.
247.370
Penalty for willfully taking unauthorized fees.
247.380
Penalty for willfully taking excessive fees.
247.390
Table of fees to be posted
247.410
Liability for wrongful acts.
Last Updated

Feb. 5, 2021

§ 247.145’s source at nv​.us