North Dakota Release of Right of Way / Easement to Surface Owner

State:
Multi-State
Control #:
US-OG-556
Format:
Word; 
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Description

This form provides for a release by the owner of a right of way so that the right of way no longer exists.
A Release of Right of Way / Easement to Surface Owner is a legal document used in North Dakota to terminate a previously established right of way or easement granted by a landowner to another party, often for the purpose of accessing the surface of the property. This document releases the surface owner's rights and obligations associated with the easement, allowing them to regain full control and ownership of their land. There are several types of Release of Right of Way / Easement to Surface Owner documents that can be used in North Dakota, depending on the specific circumstances and terms of the original easement. Some of these variations may include: 1. General Release: This type of release is typically used when the landowner wishes to terminate the entire easement and relinquish all associated rights of way to the surface owner. It provides a comprehensive release of all rights, titles, and interests in the easement area. 2. Partial Release: In some cases, the surface owner may want to release only a portion of the original right of way or easement while retaining the remainder. A partial release explicitly identifies the specific part of the easement to be released, ensuring that the remaining portion remains intact. 3. Temporary Release: A temporary release may be agreed upon when the surface owner allows temporary access to their property for a specific duration, such as during construction or maintenance activities. This type of release specifies the temporary nature of the relinquished rights and typically includes a time frame and conditions for restoration. 4. Non-Exclusive Release: In certain situations, multiple parties may have been granted separate easements on the same property. A non-exclusive release terminates the rights of a specific party while allowing others to continue utilizing their respective easements. 5. Abandonment Release: If the original right of way or easement has become obsolete or is no longer needed by the grantee, the surface owner may request an abandonment release. This document formally extinguishes the easement, absolving the surface owner of any future rights or obligations associated with it. Creating a North Dakota Release of Right of Way / Easement to Surface Owner requires careful consideration of the original easement agreement, local laws, and the intended arrangements between the parties involved. It is advisable to consult with a qualified attorney to ensure the document accurately reflects the desires and interests of all parties and complies with applicable regulations.

A Release of Right of Way / Easement to Surface Owner is a legal document used in North Dakota to terminate a previously established right of way or easement granted by a landowner to another party, often for the purpose of accessing the surface of the property. This document releases the surface owner's rights and obligations associated with the easement, allowing them to regain full control and ownership of their land. There are several types of Release of Right of Way / Easement to Surface Owner documents that can be used in North Dakota, depending on the specific circumstances and terms of the original easement. Some of these variations may include: 1. General Release: This type of release is typically used when the landowner wishes to terminate the entire easement and relinquish all associated rights of way to the surface owner. It provides a comprehensive release of all rights, titles, and interests in the easement area. 2. Partial Release: In some cases, the surface owner may want to release only a portion of the original right of way or easement while retaining the remainder. A partial release explicitly identifies the specific part of the easement to be released, ensuring that the remaining portion remains intact. 3. Temporary Release: A temporary release may be agreed upon when the surface owner allows temporary access to their property for a specific duration, such as during construction or maintenance activities. This type of release specifies the temporary nature of the relinquished rights and typically includes a time frame and conditions for restoration. 4. Non-Exclusive Release: In certain situations, multiple parties may have been granted separate easements on the same property. A non-exclusive release terminates the rights of a specific party while allowing others to continue utilizing their respective easements. 5. Abandonment Release: If the original right of way or easement has become obsolete or is no longer needed by the grantee, the surface owner may request an abandonment release. This document formally extinguishes the easement, absolving the surface owner of any future rights or obligations associated with it. Creating a North Dakota Release of Right of Way / Easement to Surface Owner requires careful consideration of the original easement agreement, local laws, and the intended arrangements between the parties involved. It is advisable to consult with a qualified attorney to ensure the document accurately reflects the desires and interests of all parties and complies with applicable regulations.

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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.

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North Dakota Release of Right of Way / Easement to Surface Owner