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.
