North Dakota Easement for Utilities

State:
Multi-State
Control #:
US-00500
Format:
Word; 
Rich Text
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Description

This Easement for Utilities is from Grantor to Grantee for a permanent utility easement and right-of-way with the right to erect construct, install, lay and use, operate inspect, repair, maintain, replace, and rework water lines, water pipe lines, water facilities, manholes, pump stations or other appurtenances that may be required, over, across and/or under a certain parcel of real property as described in the agreement. This agreement can be used in any state.


An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.

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FAQ

Easements in North Dakota can cover a variety of rights including drainage, historic preservation, light and air, right of way, the sidewalk, solar access, and utility access.

Permanent easements These types of easements include utility, aerial utility, drainage, and slope easements. While you still own the property, you are no longer allowed to use it in any way that would interfere with the easements.

A utility easement is a designated parcel of land that gives utility companies the right to access private property for the good of the community. For example, a utility company may have the right to trim a tree in your backyard if it's interfering with telephone lines.

Property owners may not interfere with the purpose of an easement. For example, if a beneficiary electric company has wires strung across your yard, you can not take them down or block the workers' path. Violators may be held liable for damages to the easement holder.

Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.

Utility easements include the right to maintain or work on the utility. Provided they're working only in the easement area, a utility company does not need permission to work on your property ? including digging in your yard.

Easement burdens are never in gross, but covenants to supply water, utilities, or other services to a parcel of land frequently involve a burden in gross. These covenants are classified as servitudes when the benefit is appurtenant to and runs with the land.

Per City Code, ?fences and walls? are prohibited within drainage easements. Walls include retaining walls and also structural or building walls.

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North Dakota Easement for Utilities