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North Dakota Statutes, Title 47

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North Dakota/Statutes

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Title 47, Property

52 chapters · 686 sections in this title.

All chapters in Title 47686 Ch 47-30.2, Revised Uniform Unclaimed Property Act75 Ch 47-16, Leasing of Real Property56 Ch 47-19, Record Title55 Ch 47-02, Classification of Ownership37 Ch 47-10, Real Property Transfers31 Ch 47-18, Homestead29 Ch 47-04, Estates in Real Property26 Ch 47-24.1, Uniform Transfers to Minors Act22 Ch 47-01, General Provisions21 Ch 47-26, Partition Fences20 Ch 47-09, Title by Transfer - General Provisions18 Ch 47-05, Servitudes17 Ch 47-36, Uniform Fiduciary Access to Digital …17 Ch 47-04.1, Condominium Ownership of Real Property16

17 sections·Filtered byTitle 47✕Ch 47-05✕

N.D.C.C. § 47-05-01 Easements attached to other lands
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The following land burdens or servitudes upon lands may be attached to other land as incidents or appurtenances and then are called easements: 1. The right of pasturage. 2. The right of fishing. 3. The right of way. 4. The right of taking water, wood, minerals, and other things. …
N.D.C.C. § 47-05-01.1 Solar easement - Creation
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Any easement obtained for the purpose of exposure of a solar energy device to the direct rays of the sun shall be created in writing and shall be subject to the same conveyancing and instrument recording requirements as other easements. The term "solar energy device" means the de…
N.D.C.C. § 47-05-01.2 Solar easement - Contents
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Any instrument creating a solar easement shall include, but shall not be limited to, all of the following: 1. The vertical and horizontal angles, expressed in degrees, at which the solar easement extends over the real property subject to the solar easement. 2. Any terms, conditio…
N.D.C.C. § 47-05-02 Servitudes not attached to land
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The following land burdens or servitudes upon land may be granted and held, though not attached to land: 1. The right to pasture, and of fishing. 2. The right of a seat in church. 3. The right of burial. 4. The right of taking rents and tolls. 5. The right of way. 6. The right of…

N.D.C.C. § 47-05-02.1 Requirements of easements, servitudes, or nonappurtenant restrictions on the use of real property

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Real property easements, servitudes, or any nonappurtenant restrictions on the use of real property, which become binding after July 1, 1977, shall be subject to the requirements of this section. These requirements are deemed a part of any agreement for such interests in real pro…

N.D.C.C. § 47-05-03 Dominant tenement defined

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A dominant tenement means the land to which an easement is attached.

N.D.C.C. § 47-05-04 Servient tenement defined

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A servient tenement means the land upon which a burden or servitude has been placed.

N.D.C.C. § 47-05-05 Servitude - Creation

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A servitude can be created only by one who has a vested estate in the servient tenement.

N.D.C.C. § 47-05-06 Holding of servitude

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A servitude thereon cannot be held by the owner of the servient tenement.

N.D.C.C. § 47-05-07 Servitude - Extent

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The extent of a servitude is determined by the terms of the grant or the nature of the enjoyment by which it was acquired.

N.D.C.C. § 47-05-08 Partition of dominant tenement - Burden apportioned - Limitations

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In case of partition of the dominant tenement, the burden must be apportioned according to the division of the dominant tenement, but not in such a way as to increase the burden upon the servient tenement.

N.D.C.C. § 47-05-09 Right of future owner in easements

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The owner of a future estate in a dominant tenement may use easements attached thereto for the purpose of viewing waste, demanding rent, or removing an obstruction to the enjoyment of such easement, although such tenement is occupied by a tenant.

N.D.C.C. § 47-05-10 Enforcement of easement - Right of action

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The owner of any estate in a dominant tenement, or the occupant of such tenement, may maintain an action for the enforcement of an easement attached thereto.

N.D.C.C. § 47-05-11 Public servitude - Effect on owner of fee - Action for possession

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The owner in fee of a servient tenement may maintain an action for the possession of the land against anyone unlawfully possessed thereof, though a servitude exists thereon in favor of the public.

N.D.C.C. § 47-05-12 Extinguishment of servitude - Methods

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A servitude is extinguished: 1. By vesting of the right to the servitude and the right to the servient tenement in the same person; 2. By the destruction of the servient tenement; 3. By the performance of any act upon either tenement by the owner of the servitude or with the owne…

N.D.C.C. § 47-05-13 Restrictions on easements for forest purposes

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Notwithstanding any other provision of law, a person may not create, convey, or record any easement, servitude, or nonappurtenant restriction on the use of real property within thirty-three feet [10.06 meters] of the centerline of any section line if the purpose of that easement,…

N.D.C.C. § 47-05-17 Severance of the right of access for hunting access prohibited

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The right of access to land to shoot, shoot at, pursue, take, attempt to take, or kill any game animals or game birds; search for or attempt to locate or flush any game animals and game birds; lure, call, or attempt to attract game animals or game birds; hide for the purpose of t…