NRS 11.190(3) Actions Other Than for The Recovery of Real Property

Statutory Text click to expand

NRS 11.190(3) Periods of limitation. 

3. Within 3 years:

(a) An action upon a liability created by statute, other than a penalty or forfeiture.

(b) An action for waste or trespass of real property, but when the waste or trespass is committed by means of underground works upon any mining claim, the cause of action shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the waste or trespass.

(c) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof, but in all cases where the subject of the action is a domestic animal usually included in the term “livestock,” which has a recorded mark or brand upon it at the time of its loss, and which strays or is stolen from the true owner without the owner’s fault, the statute does not begin to run against an action for the recovery of the animal until the owner has actual knowledge of such facts as would put a reasonable person upon inquiry as to the possession thereof by the defendant.

(d) Except as otherwise provided in NRS 112.230 and 166.170, an action for relief on the ground of fraud or mistake, but the cause of action in such a case shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the fraud or mistake.

(e) An action pursuant to NRS 40.750 for damages sustained by a financial institution or other lender because of its reliance on certain fraudulent conduct of a borrower, but the cause of action in such a case shall be deemed to accrue upon the discovery by the financial institution or other lender of the facts constituting the concealment or false statement.

(f) An action pursuant to NRS 41.1335, but the cause of action shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting fertility fraud or of any medical or genetic disorder which results from the human reproductive material implanted in, used on or provided to a patient in violation of NRS 200.975, whichever occurs later.

Nevada Revised Statutes (NRS) Chapter 11, Section 190(3)

Plain English Explanation

In Nevada most civil claims must be filed within three years. That clock starts ticking the day the legal wrong occurs or the moment you learn about it, depending on the type of claim. For example, if a statute creates a financial obligation you didn’t pay, you have three years from the date the debt arose to sue.

If someone damages your land or crops, or even tunnels under it, you also get three years to bring a claim, although in the case of hidden underground trespass the time doesn’t start until you actually discover the intrusion.

When your personal property is stolen, kept without permission, or harmed you must act within three years of the theft or damage. That same three-year limit applies if you were tricked by fraud or a harmful mistake, but in those situations the period only begins once you knew or should have known you’d been deceived.

Lenders fit under this rule too: if a borrower lies or conceals important facts, the lender has three years from discovery of the deception to sue for its losses. Even in more specialized settings, like claims arising from reproductive fraud that causes medical or genetic harm, you have three years from the date you learn of the fraud or the resulting condition, whichever comes later.

Overview of NRS 11.190(3)

Nevada Revised Statute 11.190(3) outlines the statute of limitations for various actions not related to the recovery of real property in Nevada. This section specifies that claims must generally be brought within three years, but it includes important nuances based on the nature of the claim and the discovery of the facts involved. Understanding these limitations is crucial for both plaintiffs and defendants in Nevada civil litigation.

Key elements of the statute

• Statutory Liabilities: Actions based on statutory liabilities must be initiated within three years, except for penalties or forfeitures.
• Real Property Trespass or Waste: Claims related to real property trespass or waste are subject to a three-year limitation, which starts upon the discovery of the trespass, especially relevant in cases involving underground mining in Nevada’s mining districts.
• Personal Property: The limitation period for actions involving the injury, detention, or taking of personal property also spans three years. For livestock with recorded marks or brands, common in Nevada’s ranching communities, the period only begins when the owner becomes aware of the loss.
• Fraud or Mistake: Actions based on fraud or mistake commence from the time the party aggrieved discovers the deceitful or erroneous facts, a crucial consideration in Nevada’s business and real estate transactions.
• Financial Fraud: Specific provisions apply to financial institutions or lenders defrauded by borrowers, with the statute limitation starting upon the discovery of such fraud, particularly relevant in Nevada’s banking and finance sectors.
• Fertility Fraud: For actions involving fertility fraud, the statute of limitations begins either upon the discovery of the fraud or the diagnosis of a resulting medical or genetic disorder, whichever is later, addressing concerns in Nevada’s healthcare industry.

Practical application

Example 1: Discovery of Fraud in Las Vegas Real Estate

A homeowner in Las Vegas discovers that a contractor used substandard materials contrary to the agreement two years after completion of the work. The homeowner can file a fraud claim up to three years from the date of discovery, not from the date of the home’s completion.

Example 2: Loss of Livestock in Rural Nevada

A rancher in Elko County notices the disappearance of branded cattle and learns a year later that they were sold by someone else in Reno. The statute of limitations starts from when the rancher gained this knowledge, not from the date of the actual loss, protecting Nevada’s agricultural interests.

Related statutes

• NRS 112.230 and NRS 166.170: Provide specific provisions that can alter the standard statute of limitations for certain fraud or trust-related cases in Nevada.
• NRS 40.750: Relates to claims against borrowers by financial institutions based on fraudulent activities in Nevada’s financial sector.
• NRS 41.1335 and NRS 200.975: Concern actions related to fertility fraud and the misuse of human reproductive materials in Nevada’s healthcare system.

People Also Ask

What is the significance of the ‘discovery rule’ in the context of NRS 11.190(3)?

The discovery rule modifies the statute of limitations to start when the injured party becomes aware or should have become aware of the facts constituting a claim, which is crucial for cases where damage or fraud is not immediately evident in Nevada.

How does NRS 11.190(3) affect cases involving livestock theft in Nevada?

For livestock theft, particularly animals with registered marks or brands, the statute of limitations does not begin until the owner knows or should have known about the theft, protecting Nevada ranchers from losing their right to recover lost animals due to delayed discovery.

Understanding the specifics of NRS 11.190(3) is essential for any party involved in potential litigation related to property, fraud, or other statutory liabilities in Nevada. This statute helps ensure that claims are made in a timely manner, balancing the need for prompt litigation with fairness to parties who may not immediately be aware of their injuries or losses. For personalized advice or further legal assistance, consulting with a Nevada-based attorney who specializes in civil litigation is advisable.