Nevada Quitclaim Deed Curing Encroachment

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US-0607BG
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Description

An encroachment involves a situation where a property owner violates the property rights of his neighbor by building something on the neighbor's land or by allowing something to hang over onto the neighbor's property. Encroachment can be a problem along property lines when a property owner is not aware of his property boundaries or intentionally chooses to violate his neighbor's boundaries.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Admin. Code § 375.100. "Quitclaim deed" means a deed of conveyance operating by way of release, that is, intended to pass any title, interest or claim which the grantor may have in the premises, but not professing that the title is valid nor containing any warranty or covenants for title.

A Nevada deed is not valid unless it is signed as required by law. Nevada deeds must meet the following signature requirements: Current Owner's Signature. The current property owner must sign a deed transferring real estate.

In a quitclaim deed, the rights of one party pass to another party, called the grantor and grantee, respectively. As a spouse, you give up your interest in the property when you sign a quitclaim deed. This means that you no longer have a legal right to it.

Nevada law requires that deeds include certain information to be recordable and validly transfer ownership of real estate. Names and addresses, a legal description and parcel number for the property, and the current owner's notarized signature all must appear within a quitclaim deed or other Nevada deed.

In other words, if your name is on the deed, you are tenants-by-the-entireties, and if one of you dies, the other owns the property entirely. If you are not on the mortgage for whatever reason, you are not liable for paying the mortgage loan. That said, you get your spouse's interest in the property if they die.

A conveyance of Nevada real estate must be evidenced by a deed signed by a property owner of lawful age or by the owner's authorized agent or attorney. Nevada law assumes that a deed transfer's the owner's entire interest?including any water rights or after-acquired title?unless the deed expressly limits the transfer.

If the person to be removed is alive, then you will need a court order or their cooperation such that you can record a new deed that removes them. Quitclaim and warranty deeds are common solutions. If an owner of a property has passed away, you will need to transfer the property to the living owners.

A quitclaim deed conveys whatever interest the grantor has in the property, as distinguished from a grant of the fee or other estate with warranty of title. The grantee takes the title "as is." A quitclaim deed is sometimes called a release deed.

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Nevada Quitclaim Deed Curing Encroachment