NV Real Estate study materials
NV Real Estate study resources

NV Real Estate: Property Ownership, Interests, and Land Use

NV Real Estate · Work through your exam, one topic at a time.

All guide sections

Property Ownership, Interests, and Land Use

Estates and ownership forms

Freehold estates include fee simple absolute (the broadest), defeasible fees (terminated by a condition), and life estates, where the holder must not commit waste and the future interest belongs to a remainderman or reversioner. Leaseholds are personal property interests. Co-ownership questions hinge on survivorship: tenants in common hold separate, inheritable shares with no survivorship; joint tenants share undivided interests with survivorship; Nevada is a community property state, so property acquired during marriage by either spouse is presumed community property unless tracing or a written agreement shows otherwise.

Encumbrances

Easements may be appurtenant (benefiting a neighboring parcel) or in gross (personal). They arise by express grant, implication, necessity, or prescription - Nevada requires about five years of open, adverse, continuous use for a prescriptive easement. Liens divide into voluntary (mortgages) and involuntary (tax, judgment, mechanic's), and priority usually follows recording order. Encroachments are physical; easements and liens are not.

Land use and water

Know zoning basics: permitted uses, nonconforming uses that may continue, variances granted on hardship, conditional/special use permits, and planned unit developments. Nevada water is a separate, permitted right under prior appropriation, administered by the State Engineer - the landowner does not automatically own the water beneath or beside the land.

Worked example: "To Ann for life, then to Ben." Ann holds a life estate; Ben holds a remainder. Ann may occupy and lease but cannot sell a fee or strip the property.