North Dakota Release of Right of Way / Easement to Surface Owner
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How to fill out Release Of Right Of Way / Easement To Surface Owner?
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FAQ
An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.
Equitable servitudes differ from covenants in that: They are enforceable by injunction, while a real covenant is remedied by money damages. No horizontal or vertical privity is required for a servitude to run with the land. Servitudes are ownership interests in land, while real covenants are promises.
Easements in North Dakota can cover a variety of rights including drainage, historic preservation, light and air, right of way, the sidewalk, solar access, and utility access.
Easement burdens are never in gross, but covenants to supply water, utilities, or other services to a parcel of land frequently involve a burden in gross. These covenants are classified as servitudes when the benefit is appurtenant to and runs with the land.
Servitude, in Anglo-American property law, a device that ties rights and obligations to ownership or possession of land so that they run with the land to successive owners and occupiers.
Some common examples of equitable servitudes include: Restrictions on building height or architectural style: A property owner may be required to maintain a certain building height or adhere to a specific architectural style to preserve the aesthetic value of a neighborhood.
1. Eminent domain is the right to take private property for public use. 2. Private property may not be taken or damaged for public use without just compensation first having been made to or paid into court for the owner.
Equitable servitudes can be created either by deed, lease, or any written agreement been the landowners. (See Riley v. Bear Creek Planning Committee 17 Cal. 3d.
