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[email protected] PhantMan@nospam.invalid is offline
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First recorded activity by BoatBanter: Jul 2006
Posts: 478
Default Nevada Public Lands -- Dock Blocked by Irrate Resident

sillz wrote:
There is a map from 1930 that shows that easment
but the map was never "recorded." The resident is now suing the state
of nevada and the county. Her argument is based on the fact that the
map wasn't recorded,


Sounds like a reasonable argument to me.

but the map HAS been used over and over again as
reference by the state and by the county.


Sooooo... who owns the map? Where is it located? And how would the
general public know of its existence? ..... much less get access to
it?

The land was purchased using bond act money @
1993. The bond act was intended to purchase land that could not be
developed


Now I'm confused.
Is the strip in question "owned" by the State? I thought it was owned
by the resident with an easement across it for access to the lake.

The State
of Nevada repaired the dock at the location and installed a foot path
when they purchased the land.


Soooo.... there's not actually an easement ("easement" in this case
meaning the right to cross but not fee simple title).

Legally, public lands must have "reasonable access."


I don't know about Nevada but that's not the case everywhere. Lots of
public lands are semi or totally restricted, although that may be
irrelevant in this case.

The resident is saying that she put the
fence up in order to protect herself, but the fence only blocks the
state property which is adjacent to hers.


Have you looked at the property description on her deed (it's public
info at the courthouse)? Might take a surveyor to figure out who owns
what. But if her property description covers only the property
"adjacent" to the strip in question..... I'd think she has a problem.

The State of Nevada and County have counter sued and there is a court
date set for November 17th. I guess I'll have to await the outcome of
the trial.


I second the request to let us know how it comes out.

Rick