An encroachment release is used when a structure such as a fence, wall, shed, or landscaping sits inside a recorded easement corridor. The release acknowledges the condition and preserves the utility’s right to access the area in the future.

• What it covers: Identifies the encroaching improvement, sets access terms, and clarifies who pays to move or replace the item if maintenance requires removal.
• Why it is notarized: The release affects property rights and is recorded with the county. A proper acknowledgment allows the Recorder to accept and index it.
• Who signs: The owner of record or authorized representative. A utility, HOA, or developer may countersign depending on the form.
• Practical tip: Attach a clear exhibit map that matches the legal description to prevent rejection.

We notarize encroachment releases across Downtown Las Vegas, Downtown Summerlin, Summerlin South, and Henderson. See Affidavits and Sworn Statements, Real Estate Closing Notarization, and Notary with Witnesses Provided.

Most title companies require using their own notaries for real estate closings to maintain chain of custody, ensure compliance with specific lender instructions, and manage liability. While your own notary is legally valid in Nevada, title companies contractually mandate their selected notaries. Using an unauthorized notary can lead to rejection, closing delays, or escrow complications.

Why Title Companies Insist on Their Notaries:

Title companies coordinate with lenders, insurers, and county recorders—all of whom have specific requirements. They need notarization consistency and direct communication with the notary handling your closing. They also carry errors & omissions (E&O) insurance that covers their contracted notaries, which may not apply to independent notaries.

🔑 Can You Use Your Own Notary?

In rare cases, yes—but only with prior written approval from:

• The title company (may have exceptions for scheduling conflicts)
• Your lender (may require their approval)
• The seller's title company (if using separate title agents)

📋 Legitimate Reasons for Exception Requests:

• Your notary has existing relationship and coordination history
• Title company's notary has scheduling conflicts or excessive travel costs
• Out-of-state remote notarization is the only practical option
• Your notary is bonded, insured, and Nevada-commissioned

⚠️ Best Practice:

Always disclose your preferred notary to the title company early in the transaction. Get written approval in advance. If they refuse and delays occur, professional notaries in Summerlin and Water Street can coordinate with title company staff to facilitate acceptance or serve as backup if needed.

Related Questions

• What Happens If a Deed Is Notarized Incorrectly—Can It Be Fixed?
• How Do You Close Real Estate When Buyer Is Out of State and Can't Attend Closing in Person?
• Why Do Banks Refuse to Notarize Documents They Prepared?