569.461 Liability of developer of residential, commercial or industrial structure adjoining pasture for damages to legal fence.
1. When a residential, commercial or industrial structure is erected, or any other commercial or industrial activity is undertaken, on land adjoining a pasture and separated from the pasture by a legal fence, the developer of the structure or the person undertaking the activity, unless he or she makes the election permitted by NRS 569.471, shall repair any damage to the fence caused by or related to the erection of the structure, the associated development of the land or the activity undertaken. The developer or person undertaking the activity is liable for any damage done by any livestock which stray from the pasture through the damaged portion of the fence for which he or she is responsible, and to the owner of the livestock for any loss suffered as a result of their straying and for the loss accruing from a suit for any such damages when necessarily resorted to for their recovery.
2. For the purposes of this section, a structure is erected on land adjoining a pasture if the land on which it is erected and land adjoining the pasture are owned by the same person directly or through an affiliate, even though the area may be divided into lots, and if the site of the construction is within one-fourth of a mile of the pasture.
(Added to NRS by 1991, 1147)
NRS 569.471 Replacement of legal fence permitted; conditions; duty and liability. A developer or a person undertaking an activity described in NRS 569.461, at his or her own expense, may replace a legal fence with a fence certified by the Administrator of the Division to be equally impervious to livestock, but if the developer or person undertaking such activity does so, the duty and liability imposed by NRS 569.461 exist and devolve in the same manner.
569.461 Liability of developer of residential, commercial or industrial structure adjoining pasture for damages to legal fence.
1. When a residential, commercial or industrial structure is erected, or any other commercial or industrial activity is undertaken, on land adjoining a pasture and separated from the pasture by a legal fence, the developer of the structure or the person undertaking the activity, unless he or she makes the election permitted by NRS 569.471, shall repair any damage to the fence caused by or related to the erection of the structure, the associated development of the land or the activity undertaken. The developer or person undertaking the activity is liable for any damage done by any livestock which stray from the pasture through the damaged portion of the fence for which he or she is responsible, and to the owner of the livestock for any loss suffered as a result of their straying and for the loss accruing from a suit for any such damages when necessarily resorted to for their recovery.
2. For the purposes of this section, a structure is erected on land adjoining a pasture if the land on which it is erected and land adjoining the pasture are owned by the same person directly or through an affiliate, even though the area may be divided into lots, and if the site of the construction is within one-fourth of a mile of the pasture.
(Added to NRS by 1991, 1147)
NRS 569.471 Replacement of legal fence permitted; conditions; duty and liability. A developer or a person undertaking an activity described in NRS 569.461, at his or her own expense, may replace a legal fence with a fence certified by the Administrator of the Division to be equally impervious to livestock, but if the developer or person undertaking such activity does so, the duty and liability imposed by NRS 569.461 exist and devolve in the same manner.
569.461 Liability of developer of residential, commercial or industrial structure adjoining pasture for damages to legal fence.
1. When a residential, commercial or industrial structure is erected, or any other commercial or industrial activity is undertaken, on land adjoining a pasture and separated from the pasture by a legal fence, the developer of the structure or the person undertaking the activity, unless he or she makes the election permitted by NRS 569.471, shall repair any damage to the fence caused by or related to the erection of the structure, the associated development of the land or the activity undertaken. The developer or person undertaking the activity is liable for any damage done by any livestock which stray from the pasture through the damaged portion of the fence for which he or she is responsible, and to the owner of the livestock for any loss suffered as a result of their straying and for the loss accruing from a suit for any such damages when necessarily resorted to for their recovery.
2. For the purposes of this section, a structure is erected on land adjoining a pasture if the land on which it is erected and land adjoining the pasture are owned by the same person directly or through an affiliate, even though the area may be divided into lots, and if the site of the construction is within one-fourth of a mile of the pasture.
(Added to NRS by 1991, 1147)
NRS 569.471 Replacement of legal fence permitted; conditions; duty and liability. A developer or a person undertaking an activity described in NRS 569.461, at his or her own expense, may replace a legal fence with a fence certified by the Administrator of the Division to be equally impervious to livestock, but if the developer or person undertaking such activity does so, the duty and liability imposed by NRS 569.461 exist and devolve in the same manner.
