North Dakota Subordination of Mortgage Lien to Easement and Right of Way In North Dakota, when it comes to property rights and the prioritization of various interests, the concept of subordination plays a crucial role. Specifically, a Subordination of Mortgage Lien to Easement and Right of Way is a legal agreement that governs the relationship between a mortgage lien and an easement or right of way on a property. In this scenario, subordination refers to the process of reordering the priority of these two interests. By subordinating the mortgage lien to the easement or right of way, the property owner allows the easement or right of way holder to take precedence in the event of default or foreclosure. This legal agreement is crucial as it allows for the smooth operation and maintenance of easements and rights of way without the risk of interference caused by foreclosure actions. By subordinating the mortgage lien, the property owner ensures that any potential issues regarding access or use of the easement or right of way are effectively addressed. However, it's important to note that there are different types of Subordination of Mortgage Lien to Easement and Right of Way in North Dakota, each serving a unique purpose and circumstance. These can include: 1. Permanent Subordination: This type of subordination permanently establishes the priority of the easement or right of way over the mortgage lien, meaning the holder of the easement or right of way will always have priority in the event of foreclosure or default. 2. Temporary Subordination: Temporary subordination is often used when the property owner needs to refinance their mortgage or obtain a second mortgage. In such cases, the lender may require the easement or right of way to take priority temporarily until the new mortgage is fully established. Once the refinancing or second mortgage process is complete, the priority may revert to the original mortgage lien. 3. Partial Subordination: In some cases, partial subordination may be necessary when there are multiple easement or right of way holders and the property owner wants to establish a specific hierarchy among them. This subordination agreement will ensure that one easement or right of way holder takes priority over others in the event of default or foreclosure. By utilizing the appropriate type of subordination based on specific requirements, property owners in North Dakota can ensure the smooth operation of easements and rights of way while protecting their mortgage interests. Legal counsel should be sought when drafting and executing such agreements to ensure compliance with state laws and the protection of all parties involved.
North Dakota Subordinaton of Mortgage Lien to Easement and Right of Way
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Right of way is the right to pass over or through real property owned by someone else, usually based upon an easement; also, ?right-of-way.? The right of way may specify the parameters of the easement or may be a general right to pass over or through, known as a floating easement. right of way | Wex | US Law | LII / Legal Information Institute cornell.edu ? wex ? right_of_way cornell.edu ? wex ? right_of_way
§ 155.152 MINIMUM STREET RIGHT-OF-WAY WIDTH. Street right-of-way width shall be a minimum of 50 feet. If the adopted thoroughfare plan or the NCDOT Subdivision Roads Minimum Construction Standards mandates a greater width, the right-of-way shall be the greater width.
Property owners may not interfere with the purpose of an easement. For example, if a beneficiary electric company has wires strung across your yard, you can not take them down or block the workers' path. Violators may be held liable for damages to the easement holder.
In all townships in this state, outside the limits of incorporated cities, and outside platted townsites, additions, or subdivisions recorded pursuant to sections 40-50.1-01 through 40-50.1-17 or recorded prior to July 1, 1987, under former chapter 40-50, the congressional section lines are considered public roads open ... North Dakota Century Code t24c07 ndlegis.gov ? cencode ndlegis.gov ? cencode
Right of way should be established from 5? to 15? beyond the construction limits. A typical right of way width for a 2-lane arterial or collector would be from 100? to 150?. For a 4-lane section of roadway, a width of 150? to 250? would be typical. CHAPTER NINE - Connect NCDOT ncdot.gov ? 09. Right of Way.pdf ncdot.gov ? 09. Right of Way.pdf
Right-of-way is a specific form of easement. An easement is usually given across land for a singular purpose such as for a utility line. An easement for ingress and egress (the right to travel) may be permanent but is often temporary such as in a construction access easement. Right-of-Way | Henderson County North Carolina hendersoncountync.gov ? planning ? page hendersoncountync.gov ? planning ? page
