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Utility easements include the right to maintain or work on the utility. Provided they're working only in the easement area, a utility company does not need permission to work on your property ? including digging in your yard.
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.
Your rights as a property owner include deciding who has access to and use of your property. You can refuse a utility easement request, especially if there are alternate properties that the company could use instead of yours.
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.
Electric and natural gas utility easement guidelines Lots with minimal vegetation along lot lines and relatively even terrain should have a utility easement of a 8-foot-wide strip along each side of each lot and a 15-foot-wide strip along rear of each lot.