Your home, your pool and your backyard - Henderson, Nevada


by: Carrie Lu

Henderson and Las Vegas, along with the surrounding areas, are on their way to reaching 3 million people in 15 years. Currently at 2.4 million the growth is unstoppable. As a result, the Southern Nevada Water Authority implemented the Water Smart Landscapes program in an effort to conserve water for all households. The program provides incentives to homeowners to convert grass or lawn to desert landscaping. For residential homes it is $3 per square foot of grass removed up to 10,000 square feet. Then it pays $1.50 per square foot thereafter.

In exchange, a conservation easement is recorded on the property. If and when the homeowners decide to sell their home, they must disclose the conservation easement. 

The buyer of the home has the right to know and if the buyer decides to change the landscape back to grass or considering add a pool, the buyer will have to pay back the incentive offered to the previous homeowner and pay interest calculated from the original date of payment.

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There is a rising number of lawsuits filed by the home buyers of homes that sold with a conservation easement. Home buyers were not aware of having to pay to reverse the easement in order to build a pool in the backyard.

What does this mean when it’s time to sell your home in Las Vegas and Henderson? As a home seller you must disclose if you have a conservation easement on your property. The disclosure form where this applies is called the Seller’s Real Property Disclosure. On page 2 and item #14 is where the home seller will answer is participating in the Water Smart Landscape program.

For additional details on the conservation easement you can refer to the Uniform Conservation Easement Act provided in NRS 111.390 to 111.440.

The Southern Nevada Water Authority website has all the information available for the incentive and rebate program. 


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