A utility easement refers to a legal right for various utility companies to access and maintain their infrastructure on private property in North Dakota. It specifically encompasses easements for electric lines, telephone lines, and their associated appurtenances. Electric Utility Easement: An electric utility easement in North Dakota allows utility companies, such as electric power providers and distribution cooperatives, to install, access, maintain, repair, and upgrade electrical infrastructure. This can include transformers, power poles, overhead or underground cables, and related equipment necessary for the transmission and distribution of electricity. The easement ensures uninterrupted power supply to residential, commercial, and industrial properties within the area. Telephone Utility Easement: A telephone utility easement grants telecommunication companies the right to place, operate, and maintain telephone lines and associated infrastructure on private property in North Dakota. This includes distribution cables, junction boxes, utility poles, and other equipment necessary for providing telephone services to households, businesses, and institutions. The easement allows telecommunications providers to ensure reliable connectivity and communication services throughout the region. Appurtenances: Appurtenances, in the context of utility easements, refer to the additional structures, equipment, or facilities connected to the primary utility infrastructure. For electric utility easements, appurtenances may include metering stations, switch boxes, voltage regulators, and substations. Telephone utility easements might encompass equipment such as network cabinets, fiber optic splice points, or access terminals. These appurtenances are vital for maintaining and improving utility services and often require periodic access by utility personnel. It is important to note that while electric and telephone utility easements are common, there might be additional types based on the region or specific utility needs. For example, gas utility easements are granted to natural gas providers for the installation and maintenance of gas lines. Similarly, water utility easements allow water companies to access and maintain water supply lines, meters, or pumping stations. In summary, utility easements in North Dakota, specifically for electric and telephone lines, provide legal rights for utility companies to install and maintain their infrastructure on private property. These easements ensure consistent and efficient utility services to the community, while appurtenances complement the primary infrastructure and are crucial for system functionality.
North Dakota Utility Easement (Electric Lines, Telephone Lines and Appurtenances)
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FAQ
An appurtenant easement is a property right that allows the holder to use an adjoining piece of real estate. This real property transfers with the land. A dominant tenement is the parcel of land that derives benefit from the easement while a servient tenement is the land parcel that provides the easement.
Hear this out loud PauseWhat Is An Easement Appurtenant In Real Estate? An easement is the right to use another person's property for a specific and limited purpose. An easement appurtenant is a specific type of easement where two properties are linked together as servient tenement and dominant tenement estates.
The right created by the easement appurtenant attaches to the dominant tenement as a right and attaches to the servient tenement as a burden. As a result, a future transfer of either property transfers the easement with the passage of title.
Hear this out loud PauseAppurtenances appertain to the land, which means they relate to the land. Examples of appurtenances include in-ground swimming pools, a fence, or shed that are all fixed to the land.
Termination of Easements An easement may be terminated when an individual owning the dominant estate purchases the servient estate, or when the holder of an easement releases his or her right in the easement (in writing) to the owner of the servient estate.
Hear this out loud PausePrescriptive easements do not actually require ?exclusive? use no matter what courts say. Many courts say that prescriptive easements can only be acquired if the use is ?exclusive? among other elements.
Hear this out loud PauseIf the dominant tenement is transferred or sold, the easement is instantly transferred with the land. For example, it you hold an appurtenant easement that permits you to cross over land on a specific path and sell it, the new holder can use the easement in the same manner.
If an easement appurtenant is granted by a court to a property owner because he or she needs to access a property, it is called party wall easement.
