Title 47 — Property

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. …

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…

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…

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…

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

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

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

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

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

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.

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.

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.

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.

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…

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,…

Redesignated as section 17-04-02 under S.L. 2007, ch. 204, § 5.

Redesignated as section 17-04-03 under S.L. 2007, ch. 204, § 5.

Redesignated as section 17-04-04 under S.L. 2007, ch. 204, § 5.

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…