North Dakota Avigation and Hazard Easement

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Multi-State
Control #:
US-EAS-4
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Word; 
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Description

This is a sample form for use in transactions involving easements, an Avigation and Hazard Easement. Grant to the Federal Aviation Association unobstructed use and passage of aircraft in and through airspace of the Grantor.

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

A legal right that, when recognized, grants the holder access to the uninterrupted flow of light and air through another person's property. This right is typically not recognized in American courts absent a contractual agreement or statutory requirement.

A private easement is an agreement between two property owners giving the owner of one property the right to use another's property for a specific purpose. For example, such an easement might be drawn up if a neighbor needs to run pipe under your property to get to their house. These may be freely granted or sold.

Avigation easements grant the right offlight including the right to noise and dust inherent in aircraft flight; the right to restrict or prohibit lights, electromagnetic signals and birdattractants; the right to unobstructed airspace and the right of entry upon the land to exercise those rights.

Easement, aerial means an easement for the exclusive use of constructing and maintaining above-ground utilities within its confines.

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.

An avigation easement is a property right acquired from a landowner which protects the use of airspace above a specified height, and imposes limitations on use of the land subject to the easement. Generally, uses that attract birds or interfere with pilot visibility and instrumentation are prohibited.

Av·?i·?ga·?tion. ?av??g?sh?n, ??v- plural -s. : navigation of aircraft.

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North Dakota Avigation and Hazard Easement