Required disclosure upon sale of home or improved lot adjacent to open range; disclosure constitutes affirmative defense in action resulting from livestock entering property.
1. Before the purchaser of a home or improved lot that is adjacent to open range signs a sales agreement, the seller shall, by separate written document, disclose to the purchaser information regarding grazing on the open range. The written document must contain a statement with the following language:
This property is adjacent to open range on which livestock are permitted to graze or roam. Unless you construct a fence that will prevent livestock from entering this property, livestock may enter the property and you will not be entitled to collect damages because the livestock entered the property. Regardless of whether you construct a fence, it is unlawful to kill, maim or injure livestock that have entered this property.
2. The seller shall retain a copy of the disclosure document that has been signed by the purchaser acknowledging the date of receipt by the purchaser of the original document.
3. Compliance with this section by a seller constitutes an affirmative defense in any action brought against the seller by the purchaser based upon any damages allegedly suffered as the result of livestock entering the property.
4. As used in this section, “open range” has the meaning ascribed to it in NRS 568.355.
Last modified: February 27, 2006