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North Dakota
Subsurface Easement Agreement from one Lessee to Another

North Dakota Subsurface Easement Agreement from one Lessee to Another

Q: What is an easement by prescription in North Dakota?

Berger, 2006 ND 48: &quot;Under North Dakota law, a use of land creates an easement by prescription if the use is adverse, continuous and uninterrupted, and for the 20 year period of prescription.&quot; This case discussed whether the use was adverse.

Category:

Oil Gas and Minerals - Easements and Rights of Way

State:

Multi-State

Control #:

US-OG-332

Format:

Instant download

Description

This form is used when the Grantor grants and conveys to Grantee a subsurface easement to enable Grantee to drill into those depths under the lands that are owned by the Grantor.

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FAQ

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.

Berger, 2006 ND 48: "Under North Dakota law, a use of land creates an easement by prescription if the use is adverse, continuous and uninterrupted, and for the 20 year period of prescription." This case discussed whether the use was adverse.