Section 111.3655 - Recording of notice by owner of real property who opens property for public pedestrian access and who improves property for that specific purpose: Form; effect; revocation; owner not to prevent pedestrian access; no effect on vested rights; permission to use property may be subject to reasonable restrictions on time, place and manner of use1. Any owner of real property, who opens any part of his or her real property for use by the public for pedestrian access and has improved such real property for that specific purpose, may record in the office of the county recorder of the county or counties in which any part of the real property is situated, a description of the real property and notice in substantially the following form: The right of the public or any person to make use of the real property described or any portion thereof, for pedestrian access, other than any use expressly allowed by a written or recorded map, agreement, grant of easement, deed or dedication, is by permission, and subject to control, of owner pursuant to NRS 111.3655.
2. The recording of a notice pursuant to this section is conclusive evidence that subsequent use of the real property during the time such notice is in effect by the public or any person for pedestrian access, other than any use in accordance with a right granted by a written or recorded map, agreement, grant of easement, deed or dedication, is permissive and with consent in any judicial proceeding involving the issue as to whether all or any portion of such real property has been dedicated to public use or whether any person has a prescriptive right in such real property or any portion thereof. The notice may be revoked by the owner of the real property by recording a notice of revocation in the office of the county recorder where the notice is recorded. After recording the notice, and before any revocation of such notice, the owner of the real property shall not prevent any appropriate pedestrian access by physical obstruction, notice or otherwise.3. The notice pursuant to this section shall not be deemed to affect rights vested at the time of recording.4. Permission for the use of real property by the public or any person, for pedestrian access, other than any use expressly allowed by a written or recorded map, agreement, grant of easement, deed or dedication described in the notice recorded pursuant to subsection 1, may be conditioned upon reasonable restrictions on the time, place and manner of such use. Any use of the real property in violation of such restrictions may not be considered public use for the purposes of a finding of implied dedication.Added to NRS by 2017, 3031Added by 2017, Ch. 485,§1, eff. 10/1/2017.