Nevada 2025 Regular Session

Nevada Assembly Bill AB192

Refer
2/3/25  
Introduced
2/4/25  
Report Pass
4/21/25  
Engrossed
4/28/25  
Refer
4/28/25  
Report Pass
5/16/25  
Enrolled
5/27/25  
Chaptered
5/29/25  

Caption

Makes various changes relating to real property. (BDR 10-971)

Summary

AB 192 enacts two uniform laws in Nevada: the Uniform Easement Relocation Act and the Uniform Mortgage Modification Act. The easement provisions create a court-supervised process allowing a servient estate owner to relocate certain easements, so long as the move does not materially impair the easement holder’s use, the dominant estate’s value or utility, safety, or other recorded property interests. The bill excludes several categories from relocation, including public-utility, public-entity, conservation, negative, public-road, and common-interest-community easements, and it requires the relocating owner to file a civil action, notify affected parties, pay all reasonable relocation costs, and record court orders and related map amendments before relocation can proceed. The mortgage provisions establish safe-harbor rules for common mortgage modifications. For covered changes—such as extending maturity, lowering interest rates, changing certain rate indices, capitalizing unpaid amounts, forgiving debt, adjusting escrow or insurance requirements, modifying financial covenants, or changing payment schedules—the mortgage continues to secure the modified obligation and keeps its priority even if the modification is not recorded. The act also states that these covered modifications are not novations and generally do not trigger transfer restrictions, while leaving other types of modifications to existing law. Both uniform acts apply prospectively to covered easements or mortgage modifications as of October 1, 2025, and both include provisions addressing electronic signatures and uniform interpretation across states. The bill’s impact on Nevada law is significant because it adds two new chapters to the Nevada Revised Statutes governing real property and mortgage transactions. It gives property owners a new statutory pathway to seek relocation of certain easements through the courts and clarifies the rights and obligations of easement holders, lenders, lessees, and other recorded interest holders during that process. It also provides lenders and borrowers with clearer rules for modifying secured loans without jeopardizing lien priority, which may reduce title uncertainty and transaction costs in loan workouts, restructurings, and other post-origination changes. The overall sentiment reflected in the voting history appears strongly favorable, with unanimous Assembly passage and a substantial Senate majority. The lack of recorded committee transcript material limits insight into detailed debate, but the broad support suggests the bill was viewed as a technical modernization measure that aligns Nevada with nationally drafted uniform laws. The measure likely appealed to stakeholders seeking predictability in real property and lending transactions, while still preserving judicial oversight and protections for affected third parties. The main points of contention are likely to center on the easement-relocation authority and the mortgage-modification safe harbors. For easements, the most sensitive issues are the bill’s ability to override private agreements that prohibit relocation, the exclusion of certain easements from the act, and the allocation of all relocation costs to the servient estate owner. For mortgage modifications, the key concern is whether preserving priority without recording could affect junior lienholders or create notice issues, although the bill is designed to limit that risk by restricting the act to modifications deemed nonprejudicial and by preserving existing law for other types of changes.

Impact

AB 192 adds two new chapters to Nevada law: one governing court-approved relocation of certain easements and another governing the legal effect of specified mortgage modifications. It affects servient estate owners, easement holders, lenders, borrowers, lessees, and holders of recorded real-property interests by defining when relocation or modification is permitted, what notice and recording steps are required, who bears costs, and how priority and enforceability are treated under state law.

Sentiment

The bill appears to have been received positively overall, as reflected by unanimous Assembly passage and strong Senate approval. The available record suggests it was treated as a technical, uniform-law measure intended to improve clarity and consistency in real-property and mortgage practice rather than as a controversial policy shift.

Contention

Likely areas of disagreement involve the scope of the easement-relocation power, especially the bill’s prohibition on waiving that right by agreement and its exclusion of public, conservation, and common-interest-community easements. Another possible concern is the mortgage-modification safe harbor, particularly the rule preserving lien priority even when a modification is unrecorded, which could raise notice and junior-lienholder concerns. The bill’s cost-allocation rule, which places relocation expenses on the servient estate owner, may also be a point of dispute.

Companion Bills

No companion bills found.

Previously Filed As

NV SB78A

Makes various changes relating to property. (BDR 10-623)

NV AB424

Makes various changes relating to parentage. (BDR 11-1081)

NV SB396

Makes various changes relating to education. (BDR 34-912)

NV SB359

Makes various changes relating to drivers. (BDR 43-900)

NV AB371A

Makes various changes relating to parentage. (BDR 11-140)

NV AB406

Makes various changes relating to health. (BDR 34-674)

NV SB397

Makes various changes relating to alternative medicine. (BDR 54-117)

NV SB243

Makes various changes relating to motor vehicles. (BDR 43-964)

NV SB346

Makes various changes relating to guardianship. (BDR 13-217)

NV SB245

Makes various changes relating to education. (BDR 34-827)

Similar Bills

GA HR1051

Property; granting of non-exclusive easements of certain state owned property; authorize

GA HR98

Property; granting of nonexclusive easements; authorize

VA HB1721

Condemnation of conservation or open-space easement; compensation, Uniform Easement Relocation Act.

TX SB1009

Relating to the adoption of the Uniform Easement Relocation Act.

OK HB1060

Easements; the Oklahoma Uniform Easement Relocation Act of 2025; easement relocation; court orders; effective date.

OK HB1060

Easements; the Oklahoma Uniform Easement Relocation Act of 2025; easement relocation; court orders; effective date.

FL S1142

Release of Conservation Easements