[Rev. 11/21/2013 10:25:19 AM--2013]

CHAPTER 247 - COUNTY RECORDERS

NRS 247.005           “Document” defined.

NRS 247.010           Election; term of office; exceptions.

NRS 247.020           Oath and bond.

NRS 247.040           Deputies.

NRS 247.050           Office; hours to remain open.

NRS 247.060           Power to take acknowledgment and proof of documents affecting real property; fees deposited in county general fund.

NRS 247.070           Subscription to and microfilming of county newspapers.

NRS 247.080           Custody and responsibility for documents deposited in office.

NRS 247.090           Public inspection of documents on file in recorder’s office.

NRS 247.100           Documents to be recorded in order received; maintenance and public inspection of records of transactions conducted in recorder’s office and fees collected.

NRS 247.110           Duties and powers concerning document deposited for recording; required format for certain documents submitted for recording; when document is considered recorded.

NRS 247.115           Authority to accept electronic documents for recording.

NRS 247.120           Manner of recording specified documents.

NRS 247.130           Recording in general series called “Official Records.”

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

NRS 247.150           Indexes: Requirements; methods; contents.

NRS 247.155           Recorder may require electronic version or other copy of documents with large number of names.

NRS 247.160           Date of indexing imparts notice when document inserted into record book other than that designated by law.

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

NRS 247.180           Recording and indexing of document conveying, encumbering or mortgaging both real and personal property; county recorder to provide copy of document or access to digital document to county assessor.

NRS 247.190           Notice provided by recorded document; names of signers to be typed or printed beneath original signatures; affidavit.

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

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

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

NRS 247.251           Use of facsimile signature: Conditions and restrictions.

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

NRS 247.306           Account for acquisition or improvement of technology used in recorder’s office; annual report.

NRS 247.310           Fees for recording certain affidavits concerning mining claims; payment of fees to county treasurer.

NRS 247.320           Recording and providing certified copies of deeds or judgments for United States; no fee to be charged.

NRS 247.330           Fees payable in advance.

NRS 247.340           No other fees to be charged.

NRS 247.370           Penalty for willfully taking unauthorized fees.

NRS 247.380           Penalty for willfully taking excessive fees.

NRS 247.390           Table of fees to be posted; penalties.

NRS 247.410           Liability for wrongful acts.

_________

 

      NRS 247.005  “Document” defined.

      1.  As used in this chapter, unless the context otherwise requires, “document” means a written instrument, paper, notice, deed, conveyance, map, chart, survey or any other writing, without regard to:

      (a) The form in which the document is received by a county recorder;

      (b) The method used to transmit the document to a county recorder; or

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

      2.  If a county recorder elects to accept electronic documents for recording in accordance with the provisions of NRS 111.366 to 111.3697, inclusive, the term also includes an electronic document that satisfies the provisions of NRS 111.366 to 111.3697, inclusive.

      (Added to NRS by 2001, 1733; A 2007, 139)

      NRS 247.010  Election; term of office; exceptions.

      1.  Except as otherwise provided in subsection 3 or as altered pursuant to the mechanism set forth in NRS 244.1507, county recorders must be elected by the qualified electors of their respective counties.

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

      3.  The Clerk of Carson City is ex officio the Recorder of 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; 2009, 592)

      NRS 247.020  Oath and bond.  Each of the county recorders of the several counties, before entering upon the duties of 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 county commissioners with two or more sureties, to be approved by the county clerk, conditioned for the faithful performance of his or her 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 are authorized to transact all official business pertaining to the office to the same extent as their principals. A deputy must be at least 18 years of age. The appointment of a deputy must not be construed to confer upon that deputy policymaking authority for the office of the county recorder or the county by which the deputy is employed.

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

      3.  All appointments of deputies under the provisions of this section must be in writing and must, together with the oath of office of the deputies, be recorded in the office of the recorder of the county within which the county recorder legally holds office. Revocations of such appointments must be recorded in the same manner. From the time of the recording of the appointments or revocations, persons shall be deemed to have notice of the appointment 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 shall keep an office at the county seat of their county which shall be kept open in accordance with the provisions of NRS 245.040.

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

      NRS 247.060  Power to take acknowledgment and proof of documents affecting real property; fees deposited in county general fund.  A county recorder may take and certify the acknowledgment and proof of all documents affecting any real property for which the county recorder is entitled to receive the same fees as are prescribed by law. A county recorder shall deposit all such fees in the county 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  Subscription to and microfilming of county newspapers.

      1.  A county recorder may purchase a subscription for not more than three newspapers printed and published in the county where the county recorder holds office.

      2.  The county recorder may microfilm each issue of the newspaper 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] + [Part 4:25:1865; B § 3004; BH § 2200; C § 2350; RL § 1642; NCL § 2143]—(NRS A 1961, 363; 1967, 537; 1987, 138; 2001, 1734)

      NRS 247.080  Custody and responsibility for documents deposited in office.  Each county recorder shall take custody of and is responsible for all documents deposited in his or her office.

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

      NRS 247.090  Public inspection of documents on file in recorder’s office.

      1.  Except as otherwise provided in subsection 2 and NRS 239B.030, all documents on file in the office of the county recorder must, during office hours, be open for inspection by any person without charge. The county recorder must arrange the books of record and indexes in the county recorder’s office in such suitable places as to facilitate their inspection.

      2.  A county recorder may allow inspection and copying of records containing personal information about a deceased or incapacitated person by a spouse, widow or widower, parent, sibling, child, guardian or personal representative of the person. As used in this subsection, “personal information” has the meaning ascribed to in NRS 603A.040.

      [5:120:1923; NCL § 2115]—(NRS A 2001, 1735; 2007, 1314)

      NRS 247.100  Documents to be recorded in order received; maintenance and public inspection of records of transactions conducted in recorder’s office and fees collected.  Each county recorder shall:

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

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

      3.  Make the records maintained pursuant to subsection 2 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  Duties and powers concerning document deposited for recording; required format for certain documents submitted for recording; when document is considered recorded.

      1.  When a document authorized, entitled or required by law to be recorded is deposited in the county recorder’s 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 its reception;

             (2) The document number; and

             (3) The amount of fees collected for recording the document.

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

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

      (d) Upon request, place a stamp or other notation upon one copy of the document presented at the time of recording to reflect the information endorsed upon the original pursuant to subparagraphs (1) and (2) of paragraph (a) and as evidence that the county recorder received the original, and return the copy to the person who presented it.

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

      3.  Except as otherwise provided in this section, subsection 5 of NRS 247.305 and NRS 111.366 to 111.3697, inclusive, a document, except a map, certificate or affidavit of death, military discharge or document regarding taxes that is issued by the Internal Revenue Service of the United States Department of the Treasury, that is submitted for recording must be on a form authorized by NRS 104.9521 for the type of filing or must:

      (a) Be on white, 20-pound paper that is 8 1/2 inches by 11 inches in size.

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

      (c) Have a space of 3 inches by 3 inches at the upper right corner of the first page and have a margin of 1 inch at the top of each succeeding page.

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

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

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

      (g) Not contain:

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

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

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

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

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

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

      [4:120:1923; A 1935, 247; 1931 NCL § 2114]—(NRS A 1965, 619; 1987, 772; 2001, 1736; 2003, 75, 845, 1928, 2814; 2007, 140; 2011, 595)

      NRS 247.115  Authority to accept electronic documents for recording.

      1.  A county recorder may elect to accept electronic documents for recording in accordance with the provisions of NRS 111.366 to 111.3697, inclusive.

      2.  If a county recorder elects to accept electronic documents for recording and there is a conflict between the provisions of NRS 111.366 to 111.3697, inclusive, and the provisions of this chapter, the provisions of NRS 111.366 to 111.3697, inclusive, control.

      (Added to NRS by 2007, 139)

      NRS 247.120  Manner of 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 a manner which will allow a legible copy to be made, the following specified documents:

      (a) Deeds, grants, patents issued by the State of Nevada 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) Except as otherwise provided in NRS 246.100, 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 made liens upon real estate in this State and affidavits of renewal of those judgments.

      (g) Notices of attachment upon real estate.

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

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

      (j) Notice of preemption claims.

      (k) Notices and certificates of location of mining claims.

      (l) Affidavits of proof of annual labor on mining claims.

      (m) Affidavits of intent to hold mining claims recorded pursuant 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 by law to be recorded.

      2.  Each of the documents named in paragraph (a) of subsection 1 may be recorded in separate books in the discretion of the county recorder.

      3.  Except as otherwise provided in this subsection, before accepting for recording any document enumerated in subsection 1, the county recorder shall require a document suitable for recording by a method used by the recorder to preserve the recorder’s records. The county recorder may conform the size of a declaration of homestead that does not meet the formatting requirements set forth in subsection 3 of NRS 247.110 so that the declaration is suitable for recording by a method used by the recorder to preserve the recorder’s records. If any rights may be adversely affected because of a delay in recording caused by this requirement, the county recorder shall accept the document conditionally subject to submission of a suitable document at a later date. Before accepting a document conditionally, the recorder shall require the person who requests the recording to sign a statement that the person has been advised of the requirements described in this subsection and record the statement 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; 2007, 538, 885)

      NRS 247.130  Recording in general series called “Official Records.”

      1.  In lieu of any of the separate books provided for in NRS 247.120, the county recorder may record a document designated in NRS 247.120 in one general series to be called “Official Records.”

      2.  The recording of a document in such “Official Records” will impart notice in like manner and effect as if the document were recorded 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  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.

Ę 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.

      (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 separate indexes in his or her office for the separate alphabetical recordation of the various classes of documents specified in NRS 247.120. One of the indexes must be for the grantors, defendants, mortgagors, trustors, lessors, vendors, assignors, appointors, parties releasing, judgment debtors, testators, obligors under bonds, parties against whom liens are claimed or attachments issued, mining locators, name of mine, persons filing or parties adversely affected by the document indexed, and the other index must be for the grantees, plaintiffs, mortgagees, beneficiaries, lessees, vendees, assignees, appointees, parties whose mortgages, deeds of trust, liens and similar encumbrances are released or the parties benefited by the document indexed.

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

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

      (b) The date on which the document was recorded in the office 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 county recorder may seem desirable.

Ę If the index is one general series for all documents recorded, it must also show the character of the document indexed.

      3.  A county recorder may keep in the same volume any two or more of the indexes provided for in this section, but the indexes must be kept distinct from each other. Every volume of indexes must be distinctly marked 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 parties adversely affected and parties benefited must be arranged in alphabetical order.

      5.  When a conveyance is executed by a sheriff, the name of the county and the party charged in the execution must both be inserted in 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 in the index, except that the name of the trustee in a deed of trust or in a partial or full deed of reconveyance need not be indexed. A trustee’s deed given upon exercise of the power of sale under any deed of trust must be indexed under the names of the original trustor and the grantee named in it. A document affecting a limited partnership is not required to be indexed under the names of the limited partners if it is indexed under the names of the partnership and the general partners.

      6.  In addition to the indexes required by this section, the county recorder shall keep and maintain other indexes required in the performance of his or her official duties.

      7.  Except as otherwise provided in subsection 8, every document deposited in the office of any county recorder for recordation, must be alphabetically indexed under the names of each party adversely affected by the document and under the names of each party benefited by the document so indexed.

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

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

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

      9.  As an alternative to the method of indexing prescribed by this section, the county recorder may use in place of the index books or volumes:

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

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

      [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  Recorder may require electronic version or other copy of documents with large number of names.

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

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

      (b) Complies with the indexing standards of the county recorder.

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

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

      NRS 247.160  Date of indexing imparts notice when document inserted into record book other than that designated by law.  Whenever a document is recorded by a county recorder or a copy of a document has been inserted into a book of record other than that designated by law, but is later included in the correct index, the document from the date of indexing imparts notice of its contents to all persons. Subsequent purchasers, mortgagees, lienholders and encumbrancers purchase and take with like notice and effect as if the document had been recorded in the proper book of record.

      [6:120:1923; A 1949, 84; 1943 NCL § 2116]—(NRS A 1985, 1683; 2001, 1740)

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

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

      (a) Index the document in any of the indexes kept in the county recorder’s office upon the request of the person requesting the recording of the document; and

      (b) Index the payment to him or her of his or her legal fees for such indexing.

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

      [7:120:1923; A 1949, 84; 1943 NCL § 2117]—(NRS A 1965, 931; 1985, 1684; 2001, 1740)

      NRS 247.180  Recording and indexing of document conveying, encumbering or mortgaging both real and personal property; county recorder to provide copy of document or access to digital 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 county recorder for recording, the county recorder shall record the document. The record must be indexed in the real estate index as deeds and other conveyances are required by law to be indexed, and for which the county recorder may receive the same fees as are allowed by law for recording and indexing deeds and other documents, but only one fee for the recording of a document may be collected.

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

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

      (b) Access to the digital document and any digital supporting documents. Such documents must be in a form that is acceptable to the 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  Notice provided by recorded document; names of signers to be typed or printed beneath original signatures; affidavit.

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

      2.  All documents deposited for recordation with the county recorder must have typed or legibly printed the names of all signers thereon, excluding those of the acknowledging officers and witnesses, beneath the original signatures. If a document does not contain the typed or printed names, the county recorder shall accept the document for recordation if accompanied by an affidavit, for recordation with the document, correctly spelling 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. Failure to print or type signatures as provided in this subsection does not invalidate the document.

      [8:120:1923; A 1935, 247; 1931 NCL § 2118]—(NRS A 1963, 200; 2001, 1741)

      NRS 247.200  Documents affecting real property to be recorded in county where situated.  A document affecting real property must be recorded in the office of the county recorder of the county in which the real property is situated.

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

      NRS 247.210  Recordation of certified copy or abstract of document recorded in another state.  A copy or abstract of a document once recorded or filed in any recording office of any state, certified by the county recorder or other appropriate 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 record thereof has the same force and effect as though it were of the original document.

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

      NRS 247.215  Certificate of marriage: Production of certified abstract in lieu of certified copy.  In lieu of producing a certified copy of a certificate of marriage, the county recorder may produce an abstract of the recorded certificate of marriage and certify the abstract in his or her official name and title, and under his or her official seal.

      (Added to NRS by 1991, 68)

      NRS 247.251  Use of facsimile signature: Conditions and restrictions.

      1.  Each county recorder may use a facsimile signature produced through a mechanical device in place of the county recorder’s handwritten signature whenever the necessity arises and upon approval of the board of county commissioners, subject to the following conditions:

      (a) That the mechanical device must be of such a nature that the facsimile signature may be removed from the mechanical device and kept in a separate secure place.

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

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

      2.  No facsimile signature produced through a mechanical device authorized by the provisions of this section may be combined with the signature of another officer.

      (Added to NRS by 1989, 998)

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

      1.  If another statute specifies the fee to be charged for a service, county recorders shall charge and collect only the fee specified. Otherwise, unless prohibited by NRS 375.060, county recorders shall charge and collect the following fees:

      (a) For recording any document, for the first page, $10.

      (b) For each additional page, $1.

      (c) For recording each portion of a document which must be separately indexed, after the first indexing, $3.

      (d) For copying any record, for each page, $1.

      (e) For certifying, including certificate and seal, $4.

      (f) For a certified copy of a certificate of marriage, $10.

      (g) For a certified abstract of a certificate of marriage, $10.

      (h) For a certified copy of a certificate of marriage or for a certified abstract of a certificate of marriage, the additional sum of $5 for the Account for Aid for Victims of Domestic Violence in the State General Fund. The fees collected for this purpose must be paid over to the county treasurer by the county recorder on or before the fifth day of each month for the preceding calendar month, and must be credited to that Account. The county treasurer shall, on or before the 15th day of each month, remit those fees deposited by the recorder to the State Controller for credit to that Account.

      2.  Except as otherwise provided in this subsection and NRS 375.060, a county recorder may charge and collect, in addition to any fee that a county recorder is otherwise authorized to charge and collect, an additional fee not to exceed $3 for recording a document, instrument, paper, notice, deed, conveyance, map, chart, survey or any other writing. A county recorder may not charge the additional fee authorized in this subsection for recording an originally signed certificate of marriage described in NRS 122.120. On or before the fifth day of each month, the county recorder shall pay the amount of fees collected by him or her pursuant to this subsection to the county treasurer for credit to the account established pursuant to NRS 247.306.

      3.  Except as otherwise provided in this subsection and NRS 375.060, a county recorder shall charge and collect, in addition to any fee that a county recorder is otherwise authorized to charge and collect, an additional fee of $1 for recording a document, instrument, paper, notice, deed, conveyance, map, chart, survey or any other writing. A county recorder shall not charge the additional fee authorized in this subsection for recording an originally signed certificate of marriage described in NRS 122.120. On or before the fifth day of each month, the county recorder shall pay the amount of fees collected by him or her pursuant to this subsection to the county treasurer. On or before the 15th day of each month, the county treasurer shall remit the money received by him or her pursuant to this subsection to the State Treasurer for credit to the Account to Assist Persons Formerly in Foster Care established pursuant to NRS 432.017.

      4.  Except as otherwise provided in this subsection and NRS 375.060, a board of county commissioners may, in addition to any fee that a county recorder is otherwise authorized to charge and collect, impose by ordinance a fee of not more than $3 for recording a document, instrument, paper, notice, deed, conveyance, map, chart, survey or any other writing. A county recorder shall not charge the additional fee authorized by this subsection for recording an originally signed certificate of marriage described in NRS 122.120. On or before the fifth day of each month, the county recorder shall pay the amount of fees collected by him or her pursuant to this subsection to the county treasurer. On or before the 15th day of each month, the county treasurer shall remit the money received by him or her pursuant to this subsection to the organization operating the program for legal services for the indigent that receives the fees charged pursuant to NRS 19.031 to be used to provide legal services for abused and neglected children.

      5.  Except as otherwise provided in this subsection or subsection 6 or by specific statute, a county recorder may charge and collect, in addition to any fee that a county recorder is otherwise authorized to charge and collect, an additional fee not to exceed $25 for recording any document that does not meet the standards set forth in subsection 3 of NRS 247.110. A county recorder shall not charge the additional fee authorized by this subsection for recording a document that is exempt from the provisions of subsection 3 of NRS 247.110.

      6.  Except as otherwise provided in subsection 7, a county recorder shall not charge or collect any fees for any of the services specified in this section when rendered by the county recorder to:

      (a) The county in which the county recorder’s office is located.

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

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

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

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

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

      7.  A county recorder shall charge and collect the fees specified in this section for copying any document at the request of the State of Nevada, and any city or town within the county. For copying, and for his or her certificate and seal upon the copy, the county recorder shall charge the regular fee.

      8.  If the amount of money collected by a county recorder for a fee pursuant to this section:

      (a) Exceeds by $5 or less the amount required by law to be paid, the county recorder shall deposit the excess payment with the county treasurer for credit to the county general fund.

      (b) Exceeds by more than $5 the amount required by law to be paid, the county recorder shall refund the entire amount of the excess payment.

      9.  Except as otherwise provided in subsection 2, 3, 4 or 8 or by an ordinance adopted pursuant to the provisions of NRS 244.207, county recorders shall, on or before the fifth working day of each month, account for and pay to the county treasurer all such fees collected during the preceding month.

      10.  For the purposes of this section, “State of Nevada,” “county,” “city” and “town” include any department or agency thereof and any officer thereof in his or her official capacity.

      (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 Special Session, 52; 2007, 538, 2187; 2009, 265; 2011, 596; 2013, 3672)

      NRS 247.306  Account for acquisition or improvement of technology used in recorder’s office; annual report.

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

      2.  The money in the account must be used only to acquire technology for or improve the technology used in the office of the county recorder, including, without limitation, costs related to acquiring or improving technology for converting and archiving records, purchasing hardware and software, maintaining the technology, training employees in the operation of the technology and contracting for professional services relating to the technology.

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

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

      (b) A proposal for expenditures of the proceeds from the additional fee imposed pursuant to subsection 2 of NRS 247.305 for the costs related to the technology required for the office of the county recorder for the following fiscal year.

      (Added to NRS by 2001, 3208)

      NRS 247.310  Fees for recording certain affidavits concerning mining claims; payment of fees to county treasurer.

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

 

For recording any such affidavits that embrace therein one claim................. $2

For each additional mining claim embraced in the affidavit....................... 2

 

      2.  Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, county recorders shall, on or before the 5th working day of each month, account for and pay to the county treasurer all such fees collected during 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  Recording and providing certified copies of deeds or judgments for United States; no fee to be charged.

      1.  A county recorder shall:

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

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

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

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

      NRS 247.330  Fees payable in advance.  A county recorder shall not record any document, furnish any copies or render any other service connected with his or her office, until the fees for the services, as prescribed by law, are paid or tendered.

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

      NRS 247.340  No other fees to be charged.  No other fees shall be charged by county recorders than those specifically set forth in this chapter or otherwise provided by law.

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

      NRS 247.370  Penalty for willfully taking unauthorized fees.  Any county 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  Penalty for willfully taking excessive fees.  If any county recorder willfully takes more or greater fees than are allowed by law, the county recorder is liable to indictment, and on conviction must be removed from office and fined not more than $1,000.

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

      NRS 247.390  Table of fees to be posted; penalties.  Any county recorder receiving fees as provided by law shall post in a conspicuous place in the county recorder’s office a fee table for public inspection. A sum not exceeding $20 for each day of his or her omission so to do must be forfeited, which sum with costs may be recovered by any person by an action before any justice of the peace of the same county.

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

      NRS 247.410  Liability for wrongful acts.  A county recorder is liable to a party aggrieved for three times the amount of the damages that may be occasioned thereby if the county recorder:

      1.  Neglects or refuses to record a document that is authorized, entitled or required by law to be recorded within a reasonable time after 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 the county recorder’s office such indexes as are required by this chapter, or to make the proper entries therein; or

      4.  Except as otherwise provided in subsection 3 of NRS 247.120, alters, changes or obliterates any record or any filed document deposited in the county recorder’s office, or inserts any new matter therein.

      [11:120:1923; A 1935, 247; 1931 NCL § 2121]—(NRS A 2001, 1743; 2003, 1931; 2007, 540)