2005 Nevada Revised Statutes - Chapter 247 — County Recorders

CHAPTER 247 - COUNTY RECORDERS

NRS 247.005 Documentdefined.

NRS 247.010 Election;term of office; Carson City Clerk ex officio Recorder.

NRS 247.020 Oathand bond.

NRS 247.040 Deputies.

NRS 247.050 Office;hours to remain open.

NRS 247.060 Powerto take acknowledgment and proof of documents affecting real property; feesdeposited in county general fund.

NRS 247.070 Subscriptionto and microfilming of county newspapers.

NRS 247.080 Custodyand responsibility for documents deposited in office.

NRS 247.090 Publicinspection of documents on file in recorders office.

NRS 247.100 Documentsto be recorded in order received; maintenance and public inspection of recordsof transactions conducted in recorders office and fees collected.

NRS 247.110 Dutiesand powers concerning document deposited for recording; required format forcertain documents submitted for recording; when document is consideredrecorded.

NRS 247.120 Mannerof recording specified documents.

NRS 247.130 Recordingin general series called Official Records.

NRS 247.145 Presentationof document for recording; denial of request to record document.

NRS 247.150 Indexes:Requirements; methods; contents.

NRS 247.155 Recordermay require electronic version or other copy of documents with large number ofnames.

NRS 247.160 Dateof indexing imparts notice when document inserted into record book other thanthat designated by law.

NRS 247.170 Indexingof document recorded as deed of trust, mortgage or financing statement.

NRS 247.180 Recordingand indexing of document conveying, encumbering or mortgaging both real andpersonal property; county recorder to provide copy of document or access todigital document to county assessor.

NRS 247.190 Noticeprovided by recorded document; names of signers to be typed or printed beneathoriginal signatures; affidavit.

NRS 247.200 Documentsaffecting real property to be recorded in county where situated.

NRS 247.210 Recordationof certified copy or abstract of document recorded in another state.

NRS 247.215 Certificateof marriage: Production of certified abstract in lieu of certified copy.

NRS 247.251 Useof facsimile signature: Conditions and restrictions.

NRS 247.305 Fees:Amount; collection; payment to county treasurer.

NRS 247.306 Accountfor acquisition or improvement of technology used in recorders office; annualreport.

NRS 247.310 Feesfor recording certain affidavits concerning mining claims; payment of fees tocounty treasurer.

NRS 247.320 Recordingand providing certified copies of deeds or judgments for United States; no feeto be charged.

NRS 247.330 Feespayable in advance.

NRS 247.340 Noother fees to be charged.

NRS 247.370 Penaltyfor willfully taking unauthorized fees.

NRS 247.380 Penaltyfor willfully taking excessive fees.

NRS 247.390 Tableof fees to be posted; penalties.

NRS 247.410 Liabilityfor wrongful acts.

_________

 

NRS 247.005 Documentdefined. As used in this chapter, unless thecontext otherwise requires, document means a written instrument, paper,notice, deed, conveyance, map, chart, survey or any other writing, withoutregard to:

1. The form in which the document is received by acounty recorder;

2. The method used to transmit the document to acounty recorder; or

3. The method used by a county recorder to store,access or retrieve the document.

(Added to NRS by 2001, 1733)

NRS 247.010 Election;term of office; Carson City Clerk ex officio Recorder.

1. Except as otherwise provided in subsection 3,county recorders must be elected by the qualified electors of their respectivecounties.

2. County recorders must be chosen by the electors oftheir respective counties at the general election in 1922, and at the generalelection every 4 years thereafter, and shall enter upon the duties of theirrespective offices on the first Monday of January subsequent to their election.

3. The Clerk of Carson City is ex officio the Recorderof 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)

NRS 247.020 Oathand bond. Each of the county recorders of theseveral counties, before entering upon the duties of his 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 countycommissioners with two or more sureties, to be approved by the county clerk,conditioned for the faithful performance of his 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 areauthorized to transact all official business pertaining to the office to thesame extent as their principals. A deputy must be at least 18 years of age. Theappointment of a deputy must not be construed to confer upon that deputy policymakingauthority for the office of the county recorder or the county by which thedeputy is employed.

2. County recorders are responsible on their officialbonds for all official malfeasance or nonfeasance of their deputies. Bonds forthe faithful performance of their official duties may be required of deputiesby county recorders.

3. All appointments of deputies under the provisionsof this section must be in writing and must, together with the oath of officeof the deputies, be recorded in the office of the recorder of the county withinwhich the county recorder legally holds office. Revocations of such appointmentsmust be recorded in the same manner. From the time of the recording of theappointments or revocations, persons shall be deemed to have notice of theappointment 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 shallkeep an office at the county seat of their county which shall be kept open inaccordance with the provisions of NRS245.040.

[Part 1:178:1907; A 1929, 255; 1955, 6, 471]

NRS 247.060 Powerto take acknowledgment and proof of documents affecting real property; feesdeposited in county general fund. A countyrecorder may take and certify the acknowledgment and proof of all documentsaffecting any real property for which he is entitled to receive the same feesas are prescribed by law. A county recorder shall deposit all such fees in thecounty 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 Subscriptionto and microfilming of county newspapers.

1. A county recorder may purchase a subscription fornot more than three newspapers printed and published in the county where thecounty recorder holds office.

2. The county recorder may microfilm each issue of thenewspaper 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] + [Part4:25:1865; B 3004; BH 2200; C 2350; RL 1642; NCL 2143](NRS A 1961,363; 1967, 537; 1987, 138; 2001, 1734)

NRS 247.080 Custodyand responsibility for documents deposited in office. Eachcounty recorder shall take custody of and is responsible for all documentsdeposited in his office.

[1:120:1923; NCL 2111](NRS A 2001, 1735)

NRS 247.090 Publicinspection of documents on file in recorders office. Alldocuments on file in the office of the county recorder, must, during officehours, be open for inspection by any person without charge. The county recordermust arrange the books of record and indexes in his office in such suitableplaces as to facilitate their inspection.

[5:120:1923; NCL 2115](NRS A 2001, 1735)

NRS 247.100 Documentsto be recorded in order received; maintenance and public inspection of recordsof transactions conducted in recorders office and fees collected. Each county recorder shall:

1. Except as otherwise provided in NRS 247.145, record each document in theorder in which it is received;

2. Maintain a record of all transactions conductedwithin the office and a record of all fees collected; and

3. Make the records maintained pursuant to subsection2 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 Dutiesand powers concerning document deposited for recording; required format forcertain documents submitted for recording; when document is consideredrecorded.

1. When a document authorized, entitled or required bylaw to be recorded is deposited in the county recorders 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 itsreception;

(2) The document number; and

(3) The amount of fees collected for recordingthe document.

(b) Record the document without delay, together withthe acknowledgments, proofs and certificates, written upon or annexed to it,with the plats, surveys, schedules and other papers thereto annexed, in theorder in which the papers are received for recording.

(c) Note at the upper right corner of the record andupon the document, except a map, so recorded the exact time of its receptionand the name of the person at whose request it was recorded.

(d) Upon request, place a stamp or other notation uponone copy of the document presented at the time of recording to reflect theinformation endorsed upon the original pursuant to subparagraphs (1) and (2) ofparagraph (a) and as evidence that he received the original, and return thecopy to the person who presented it.

2. In addition to the information described inparagraph (a) of subsection 1, a county recorder may endorse upon a documentthe book and page where the document is recorded.

3. Except as otherwise provided in this section andsubsection 4 of NRS 247.305, a document,except a map, certificate or affidavit of death, military discharge or documentregarding taxes that is issued by the Internal Revenue Service of the UnitedStates Department of the Treasury, that is submitted for recording must be on aform authorized by NRS 104.9521 for thetype of filing or must:

(a) Be on white, 20-pound paper that is 8 1/2 inches by11 inches in size.

(b) Have a margin of 1 inch on the left and right sidesand at the bottom of each page.

(c) Have a space of 3 inches by 3 inches at the upperright corner of the first page and have a margin of 1 inch at the top of eachsucceeding page.

(d) Not be on sheets of paper that are bound togetherat the side, top or bottom.

(e) Not contain printed material on more than one sideof each page.

(f) Not have any documents or other materials physicallyattached to the paper.

(g) Not contain:

(1) Colored markings to highlight text or anyother part of the document;

(2) A stamp or seal that overlaps with text or asignature on the document, except in the case of a validated stamp or seal of aprofessional engineer or land surveyor who is licensed pursuant to chapter 625 of NRS;

(3) Text that is smaller than a 10-point TimesNew Roman font and is printed in any ink other than black; or

(4) More than 9 lines of text per vertical inch.

4. The provisions of subsection 3 do not apply to adocument submitted for recording that has been filed with a court and whichconforms to the formatting requirements established by the court.

5. A document is recorded when the informationrequired pursuant to this section is placed on the document and is entered inthe record of the county recorder.

[4:120:1923; A 1935, 247; 1931 NCL 2114](NRS A1965, 619; 1987, 772; 2001,1736; 2003, 75,845, 1928, 2814)

NRS 247.120 Mannerof 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 amanner which will allow a legible copy to be made, the following specifieddocuments:

(a) Deeds, grants, patents issued by the State ofNevada 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) 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 madeliens upon real estate in this State and affidavits of renewal of thosejudgments.

(g) Notices of attachment upon real estate.

(h) Notices of the pendency of an action affecting realestate, the title thereto or the possession thereof.

(i) Instruments describing or relating to the separateproperty of married persons.

(j) Notice of preemption claims.

(k) Notices and certificates of location of miningclaims.

(l) Affidavits of proof of annual labor on miningclaims.

(m) Affidavits of intent to hold mining claims recordedpursuant 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 bylaw to be recorded.

2. Each of the documents named in paragraph (a) ofsubsection 1 may be recorded in separate books in the discretion of the countyrecorder.

3. Before accepting for recording any documentenumerated in subsection 1, the county recorder shall require a documentsuitable for recording by a method used by the recorder to preserve hisrecords. If any rights may be adversely affected because of a delay inrecording caused by this requirement, the county recorder shall accept thedocument conditionally subject to submission of a suitable document at a laterdate. Before accepting a document conditionally, the recorder shall require theperson who requests the recording to sign a statement that the person has beenadvised of the requirements described in this subsection and record thestatement 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)

NRS 247.130 Recordingin general series called Official Records.

1. In lieu of any of the separate books provided forin NRS 247.120, the county recorder mayrecord a document designated in NRS 247.120in one general series to be called Official Records.

2. The recording of a document in such OfficialRecords will impart notice in like manner and effect as if the document wererecorded 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 Presentationof document for recording; denial of request to record document.

1. County recorders may record any documentauthorized, entitled or required by law to be recorded when presented forrecording.

2. A county recorder may deny a request to record adocument if, within 2 judicial days after presentation of the document, therecorder determines that the document is unauthorized, falsified or otherwisemay not be lawfully recorded. If a recorder fails to make such a determinationwithin the specified period, the recorder shall record the document as soon aspracticable, unless otherwise ordered by a court.

3. A county recorder who denies a request to record adocument pursuant to subsection 2 shall retain a copy of the document and,within 2 judicial days after he denies the request, shall provide the requesterwith written notice, on a form prescribed by the county recorder, of:

(a) The reason that the recorder is denying therecordation of the document;

(b) The right of the requester to judicial review ofthe denial; and

(c) The criminal penalty set forth in subsection 5.

If arecorder fails to provide the notice required by this subsection within thespecified period, the recorder shall record the document as soon aspracticable, unless otherwise ordered by a court.

4. If a request to record a document is deniedpursuant to subsection 2, the requester may apply to the district court in thecounty in which the request was denied for an order to record the document. Thecourt shall give this matter priority over other civil matters to whichpriority is not given by other statutes. If the requester prevails:

(a) He is entitled to recover from the county recorderany filing fees that he paid related to the proceeding.

(b) The county recorder shall record the document assoon as practicable.

5. If a county recorder denied recordation of adocument pursuant to subsection 2, a person shall not resubmit the document forrecordation unless the document has been modified in such a manner that it maybe lawfully recorded or the person has obtained a court order pursuant tosubsection 4. Unless a greater penalty is provided by NRS 239.330, a violation of this subsectionis a misdemeanor.

6. Except as otherwise provided in paragraph (a) ofsubsection 4, a county recorder who acts in good faith in denying recordationof a document pursuant to this section is immune from liability for damages tothe 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 separateindexes in his office for the separate alphabetical recordation of the variousclasses of documents specified in NRS247.120. One of the indexes must be for the grantors, defendants,mortgagors, trustors, lessors, vendors, assignors, appointors, partiesreleasing, judgment debtors, testators, obligors under bonds, parties againstwhom liens are claimed or attachments issued, mining locators, name of mine,persons filing or parties adversely affected by the document indexed, and theother index must be for the grantees, plaintiffs, mortgagees, beneficiaries,lessees, vendees, assignees, appointees, parties whose mortgages, deeds oftrust, liens and similar encumbrances are released or the parties benefited bythe document indexed.

2. Each of the indexes must be so arranged as to show:

(a) The names of each of the parties to each documentexcept as otherwise provided in subsection 5.

(b) The date on which the document was recorded in theoffice 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 countyrecorder may seem desirable.

If the indexis one general series for all documents recorded, it must also show thecharacter of the document indexed.

3. A county recorder may keep in the same volume anytwo or more of the indexes provided for in this section, but the indexes mustbe kept distinct from each other. Every volume of indexes must be distinctlymarked 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 partiesadversely affected and parties benefited must be arranged in alphabeticalorder.

5. When a conveyance is executed by a sheriff, thename of the county and the party charged in the execution must both be insertedin 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 inthe index, except that the name of the trustee in a deed of trust or in apartial or full deed of reconveyance need not be indexed. A trustees deedgiven upon exercise of the power of sale under any deed of trust must beindexed under the names of the original trustor and the grantee named in it. Adocument affecting a limited partnership is not required to be indexed underthe names of the limited partners if it is indexed under the names of thepartnership and the general partners.

6. In addition to the indexes required by thissection, the county recorder shall keep and maintain other indexes required inthe performance of his official duties.

7. Except as otherwise provided in subsection 8, everydocument deposited in the office of any county recorder for recordation, mustbe alphabetically indexed under the names of each party adversely affected bythe document and under the names of each party benefited by the document soindexed.

8. A map of a minor county road that is recorded inthe office of a county recorder must:

(a) Be recorded in the index for grantors according tothe townships, ranges and sections indicated on the face of the map; and

(b) Show the character of the document as a map of aminor county road.

9. As an alternative to the method of indexingprescribed by this section, the county recorder may use in place of the indexbooks or volumes:

(a) Card indexes with a metal-reinforced hole punchedin them for rod insertion, and the card indexes must be kept in suitable metalfile cabinets.

(b) A secure electronic method of indexing, including,without limitation, microfilm produced by computer or a system using computerterminals.

[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 Recordermay require electronic version or other copy of documents with large number ofnames.

1. If a document contains the names of 200 or morepersons which must be indexed in accordance with NRS 247.150, a county recorder may requirethe person who requests the recording of that document to provide the office ofthe county recorder with an electronic version or other copy of the documentthat:

(a) Is compatible with and readable by the computer inthe office of the county recorder; and

(b) Complies with the indexing standards of the countyrecorder.

2. If an electronic version or other copy described insubsection 1 is furnished, the county recorder shall not charge a filing feefor any page which contains those names.

(Added to NRS by 1983, 348; A 2001, 1739)

NRS 247.160 Dateof indexing imparts notice when document inserted into record book other thanthat designated by law. Whenever a document isrecorded by a county recorder or a copy of a document has been inserted into abook of record other than that designated by law, but is later included in thecorrect index, the document from the date of indexing imparts notice of itscontents to all persons. Subsequent purchasers, mortgagees, lienholders andencumbrancers purchase and take with like notice and effect as if the documenthad been recorded in the proper book of record.

[6:120:1923; A 1949, 84; 1943 NCL 2116](NRS A1985, 1683; 2001,1740)

NRS 247.170 Indexingof document recorded as deed of trust, mortgage or financing statement.

1. Whenever a document has been recorded by a countyrecorder as a deed of trust, mortgage or financing statement, or a copy of adocument has been inserted into a book of deeds, deeds of trust, mortgages orfinancing statement, the document need not be again recorded in the office as adifferent document from that so recorded, but the county recorder shall:

(a) Index the document in any of the indexes kept inhis office upon the request of the person requesting the recording of thedocument; and

(b) Index the payment to him of his legal fees for suchindexing.

2. The document from the date of such indexing impartsnotice of its contents to all persons, and subsequent purchasers, mortgagees,lienholders and encumbrancers purchase and take with like notice and effect asif the document had been copied or recorded in the proper book of recordscorresponding with all indexes where so indexed.

[7:120:1923; A 1949, 84; 1943 NCL 2117](NRS A1965, 931; 1985, 1684; 2001,1740)

NRS 247.180 Recordingand indexing of document conveying, encumbering or mortgaging both real andpersonal property; county recorder to provide copy of document or access todigital 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 countyrecorder for recording, the county recorder shall record the document. Therecord must be indexed in the real estate index as deeds and other conveyancesare required by law to be indexed, and for which the county recorder mayreceive the same fees as are allowed by law for recording and indexing deedsand other documents, but only one fee for the recording of a document may be collected.

2. A county recorder who records a document pursuantto this section shall, within 7 working days after he records the document,provide to the county assessor at no charge:

(a) A duplicate copy of the document and any supportingdocuments; or

(b) Access to the digital document and any digitalsupporting documents. Such documents must be in a form that is acceptable tothe 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 Noticeprovided by recorded document; names of signers to be typed or printed beneathoriginal signatures; affidavit.

1. A document acknowledged or proved and certified andrecorded in the manner prescribed in this chapter from the time of depositingthe document with the county recorder of the proper county for record, providesnotice to all persons of the contents thereof, and all third parties shall bedeemed to purchase and take with notice.

2. All documents deposited for recordation with thecounty recorder must have typed or legibly printed the names of all signersthereon, excluding those of the acknowledging officers and witnesses, beneaththe original signatures. If a document does not contain the typed or printednames, the county recorder shall accept the document for recordation ifaccompanied by an affidavit, for recordation with the document, correctlyspelling 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. Failureto print or type signatures as provided in this subsection does not invalidatethe document.

[8:120:1923; A 1935, 247; 1931 NCL 2118](NRS A1963, 200; 2001, 1741)

NRS 247.200 Documentsaffecting real property to be recorded in county where situated. A document affecting real property must be recorded in theoffice of the county recorder of the county in which the real property issituated.

[9:120:1923; NCL 2119](NRS A 2001, 1741; 2003, 1931)

NRS 247.210 Recordationof certified copy or abstract of document recorded in another state. A copy or abstract of a document once recorded or filed inany recording office of any state, certified by the county recorder or otherappropriate 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 recordthereof has the same force and effect as though it were of the originaldocument.

[10:120:1923; A 1935, 247; 1949, 84; 1943 NCL 2120](NRS A 1965, 620; 1985, 1684; 1991, 68; 2001, 1741)

NRS 247.215 Certificateof marriage: Production of certified abstract in lieu of certified copy. In lieu of producing a certified copy of a certificate ofmarriage, the county recorder may produce an abstract of the recordedcertificate of marriage and certify the abstract in his official name andtitle, and under his official seal.

(Added to NRS by 1991, 68)

NRS 247.251 Useof facsimile signature: Conditions and restrictions.

1. Each county recorder may use a facsimile signatureproduced through a mechanical device in place of his handwritten signaturewhenever the necessity arises and upon approval of the board of countycommissioners, subject to the following conditions:

(a) That the mechanical device must be of such a naturethat the facsimile signature may be removed from the mechanical device and keptin a separate secure place.

(b) That the use of the facsimile signature may be madeonly under the direction and supervision of the county recorder whose signatureit represents.

(c) That the entire mechanical device must at all timesbe kept in a vault, securely locked, when not in use, to prevent any misuse ofthe device.

2. No facsimile signature produced through amechanical device authorized by the provisions of this section may be combinedwith the signature of another officer.

(Added to NRS by 1989, 998)

NRS 247.305 Fees:Amount; collection; payment to county treasurer.

1. If another statute specifies the fee to be chargedfor a service, county recorders shall charge and collect only the feespecified. Otherwise, unless prohibited by NRS375.060, county recorders shall charge and collect the following fees:

 

For recording anydocument, for the first page................................................... $10

For each additionalpage...................................................................................... 1

For recording eachportion of a document which must be separately indexed, after the firstindexing 3

For copying anyrecord, for each page..................................................................... 1

For certifying,including certificate and seal............................................................ 4

For a certified copyof a certificate of marriage..................................................... 10

For a certifiedabstract of a certificate of marriage................................................ 10

 

2. Except as otherwise provided in this subsection andNRS 375.060, a county recorder maycharge and collect, in addition to any fee that a county recorder is otherwiseauthorized to charge and collect, an additional fee not to exceed $3 for recordinga document, instrument, paper, notice, deed, conveyance, map, chart, survey orany other writing. A county recorder may not charge the additional feeauthorized in this subsection for recording the originally signed copy of acertificate of marriage described in NRS122.120. On or before the fifth day of each month, the county recordershall pay the amount of fees collected by him pursuant to this subsection tothe county treasurer for credit to the account established pursuant to NRS 247.306.

3. Except as otherwise provided in this subsection andNRS 375.060, a county recorder shallcharge and collect, in addition to any fee that a county recorder is otherwiseauthorized to charge and collect, an additional fee of $1 for recording adocument, instrument, paper, notice, deed, conveyance, map, chart, survey orany other writing. A county recorder shall not charge the additional feeauthorized in this subsection for recording the originally signed copy of acertificate of marriage described in NRS122.120. On or before the fifth day of each month, the county recordershall pay the amount of fees collected by him pursuant to this subsection tothe county treasurer. On or before the 15th day of each month, the countytreasurer shall remit the money received by him pursuant to this subsection tothe State Treasurer for credit to the Account to Assist Persons Formerly in FosterCare established pursuant to NRS 432.017.

4. Except as otherwise provided in this subsection,subsection 5 or by specific statute, a county recorder shall charge andcollect, in addition to any fee that a county recorder is otherwise authorizedto charge and collect, an additional fee of $25 for recording any document thatdoes not meet the standards set forth in subsection 3 of NRS 247.110. A county recorder shall notcharge the additional fee authorized by this subsection for recording adocument that is exempt from the provisions of subsection 3 of NRS 247.110.

5. Except as otherwise provided in subsection 6, acounty recorder shall not charge or collect any fees for any of the servicesspecified in this section when rendered by him to:

(a) The county in which his office is located.

(b) The State of Nevada or any city or town within thecounty in which his office is located, if the document being recorded:

(1) Conveys to the State, or to that city ortown, an interest in land;

(2) Is a mortgage or deed of trust upon landswithin the county which names the State or that city or town as beneficiary;

(3) Imposes a lien in favor of the State or thatcity or town; or

(4) Is a notice of the pendency of an action bythe State or that city or town.

6. A county recorder shall charge and collect the feesspecified in this section for copying any document at the request of the Stateof Nevada, and any city or town within the county. For copying, and for hiscertificate and seal upon the copy, the county recorder shall charge theregular fee.

7. For the purposes of this section, State ofNevada, county, city and town include any department or agency thereofand any officer thereof in his official capacity.

8. Except as otherwise provided in subsection 2 or 3or by an ordinance adopted pursuant to the provisions of NRS 244.207, county recorders shall, on orbefore the fifth working day of each month, account for and pay to the countytreasurer all such fees collected during the preceding month.

(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 SpecialSession, 52)

NRS 247.306 Accountfor acquisition or improvement of technology used in recorders office; annualreport.

1. If a county recorder imposes an additional feepursuant to subsection 2 of NRS 247.305,the proceeds collected from such a fee must be accounted for separately in thecounty general fund. Any interest earned on money in the account, afterdeducting any applicable charges, must be credited to the account. Money that remainsin the account at the end of a fiscal year does not revert to the countygeneral fund, and the balance in the account must be carried forward to thenext fiscal year.

2. The money in the account must be used only toacquire technology for or improve the technology used in the office of thecounty recorder, including, without limitation, costs related to acquiring orimproving technology for converting and archiving records, purchasing hardwareand software, maintaining the technology, training employees in the operationof the technology and contracting for professional services relating to thetechnology.

3. The county recorder shall submit an annual reportto the board of county commissioners of the county which contains:

(a) An estimate of the proceeds that the countyrecorder will collect from the additional fee imposed pursuant to subsection 2of NRS 247.305 in the following fiscalyear; and

(b) A proposal for expenditures of the proceeds fromthe additional fee imposed pursuant to subsection 2 of NRS 247.305 for the costs related to thetechnology required for the office of the county recorder for the followingfiscal year.

(Added to NRS by 2001, 3208)

NRS 247.310 Feesfor recording certain affidavits concerning mining claims; payment of fees tocounty treasurer.

1. Except as otherwise provided by law, countyrecorders shall charge the following fees for recording affidavits of proof oflabor on mining claims and for recording, pursuant to subsection 3 of NRS 517.230, affidavits of intent to holdmining claims:

 

For recording anysuch affidavits that embrace therein one claim..................... $2

For each additionalmining claim embraced in the affidavit............................ 2

 

2. Except as otherwise provided by an ordinanceadopted pursuant to the provisions of NRS244.207, county recorders shall, on or before the 5th working day of eachmonth, account for and pay to the county treasurer all such fees collectedduring 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 Recordingand providing certified copies of deeds or judgments for United States; no feeto be charged.

1. A county recorder shall:

(a) Except as otherwise provided in NRS 247.145, record deeds of conveyancesand judgments vesting or perfecting title in the United States; and

(b) Provide one certified copy of the official recordto the interested government representative.

2. A county recorder shall not charge fees for theservices required by this section.

[1:16:1943; A 1955, 401](NRS A 1965, 620; 1967, 363;2001, 1742; 2003, 1931)

NRS 247.330 Feespayable in advance. A county recorder shallnot record any document, furnish any copies or render any other serviceconnected with his office, until the fees for the services, as prescribed bylaw, are paid or tendered.

[5:104:1865; B 2998; BH 2194; C 2344; RL 1632; NCL 2109](NRS A 2001, 1742)

NRS 247.340 Noother fees to be charged. No other fees shallbe charged by county recorders than those specifically set forth in thischapter or otherwise provided by law.

[Part 17:49:1883; BH 2358; C 2482; RL 2019; NCL 2950]

NRS 247.370 Penaltyfor willfully taking unauthorized fees. Anycounty 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 Penaltyfor willfully taking excessive fees. If anycounty recorder willfully takes more or greater fees than are allowed by law,he is liable to indictment, and on conviction must be removed from office andfined not more than $1,000.

[Part 22:49:1883; BH 2363; C 2487; RL 2024; NCL 2955](NRS A 2001,1742)

NRS 247.390 Tableof fees to be posted; penalties. Any countyrecorder receiving fees as provided by law shall post in a conspicuous place inhis office a fee table for public inspection. A sum not exceeding $20 for eachday of his omission so to do must be forfeited, which sum with costs may berecovered by any person by an action before any justice of the peace of thesame county.

[Part 23:49:1883; BH 2364; C 2488; RL 2025; NCL 2956](NRS A 2001,1742)

NRS 247.410 Liabilityfor wrongful acts. A county recorder is liableto a party aggrieved for three times the amount of the damages that may beoccasioned thereby if the county recorder:

1. Neglects or refuses to record a document that isauthorized, entitled or required by law to be recorded within a reasonable timeafter 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 his office suchindexes as are required by this chapter, or to make the proper entries therein;or

4. Alters, changes or obliterates any record or anyfiled document deposited in his office, or inserts any new matter therein.

[11:120:1923; A 1935, 247; 1931 NCL 2121](NRS A 2001, 1743; 2003, 1931)

 

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