North Dakota General Form for Deed Granting Easement

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Multi-State
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US-01176BG
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Description

An easement is a right in the land of another. The right is often described as the right to use the land of another for a special purpose. An easement gives one party the right to go onto another party's property. An easement is a real property interest, but separate from the legal title of the owner of the underlying land. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

The North Dakota General Form for Deed Granting Easement is a legally binding document used to transfer an easement interest in a property located within the state of North Dakota. This deed allows the granter (the current property owner) to grant the grantee (the party receiving the easement) certain rights and access over a specific portion of the property for a designated purpose. Easements are commonly granted to allow for the use of a particular portion of land, such as a right of way for access, utility or infrastructure installations, drainage, or conservation purposes. The North Dakota General Form for Deed Granting Easement ensures that the transfer of such rights and interests are properly documented, protecting the rights of both the granter and the grantee. There are several types of easements that can be granted through the North Dakota General Form for Deed Granting Easement, depending on the specific purpose and terms agreed upon by the parties involved. These may include: 1. Right of Way Easement: This type of easement grants the grantee the right to pass through or use a specific portion of the granter's property for transportation or access purposes. This could include access to public roads, private driveways, or pathways. 2. Utility Easement: A utility easement allows the grantee, usually a public utility company or infrastructure provider, the right to install, operate, and maintain utility lines, such as gas, water, electricity, or telecommunications, within the designated area of the granter's property. 3. Conservation Easement: This type of easement is often established to protect and preserve certain natural resources or ecological features on the property. It restricts certain activities and development to maintain the environmental integrity of the designated area. 4. Drainage Easement: A drainage easement grants the grantee the right to construct, maintain, and use drainage systems or water flow channels on the granter's property to prevent flooding or control water runoff. It is crucial to ensure that the North Dakota General Form for Deed Granting Easement accurately reflects the specific terms and conditions agreed upon by both parties. This includes a detailed description of the easement area, the purpose of the easement, any limitations or exclusions, and the duration or termination conditions of the easement. It is highly recommended seeking legal counsel or consult with a qualified real estate professional in North Dakota to properly draft and execute the North Dakota General Form for Deed Granting Easement, ensuring compliance with state laws and regulations.

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FAQ

Servient Tenement: The property burdened by the easement. Most often referred to as the ?burdened property.? This is the property over which the easement holder enjoys the easement rights. Dominant Tenement: For an ?appurtenant easement' (or ?easement appurtenant?), the property benefited by the easement.

A North Dakota property owner may transfer or retitle real estate during the owner's life using a signed, written deed. A North Dakota deed must satisfy the legal requirements described below to be eligible for recording and to legally transfer title to the new owner.

There are several ways in which easements in Minnesota and North Dakota can be created, which include the following: Easements by Necessity. These easements are created when a property owner is only able to access his or her property by traveling on property owned by another person.

A North Dakota general warranty deed is a deed used to transfer property from one person to another in North Dakota. The person selling is called the grantor while the person buying is called the grantee.

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.

A North Dakota quitclaim deed transfers the signer's interest in property with no warranty of title. A quitclaim deed passes to the new owner all of the current owner's rights in the property as of the date of the deed.

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.

An easement appurtenant is a specific type of easement where two properties are linked together as servient tenement and dominant tenement estates. The servient estate is the estate that allows the easement, while the dominant estate is the one that benefits from the easement.

More info

Jun 4, 2020 — This easement is subject to all existing easements and nothing in this easement supersedes any rights previously granted. 27. GRANTOR neither ... Documents. Select Document Type. Quit Claim DeedGift DeedWarranty DeedSpecial Warranty DeedGrant DeedCorrection DeedEasement DeedTermination of EasementMineral ...Easement Deed Guide · Line by line guide explaining every blank on the form. Included document last reviewed/updated 9/18/2023 ; Completed Example of the Easement ... Dec 3, 2020 — "Where an easement in land is granted in general terms ... granting document, the easement holder must negotiate with the owner of the servient. Dec 1, 2021 — Include the description of the use being granted by the easement (it's a good idea to specify whether the easement is appurtenant or in gross) ... Sep 3, 2022 — For an express grant easement to be enforceable, it must contain a legal description of the servient estate, a description of the purpose ... An agreement to sell real property binds the seller to execute a conveyance in form sufficient to pass the title to the property. 47-10-02.1. Property ... Nov 19, 2010 — A transfer of real property passes all easements attached thereto ... N.D.C.C. § 47-10-13. Grant presumes fee simple title. A fee simple title ... In order to insure an easement estate as a part of the legal description in Schedule A, title agents must have a good metes and bounds description that is ... THIS WARRANTY EASEMENT DEED is made by and between Ross Zink of Fargo, North Dakota ... TO HAVE AND TO HOLD, this Warranty Easement Deed is granted to the United ...

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North Dakota General Form for Deed Granting Easement