Sometimes, property owners lack the ability to reasonably access either a portion of their own land or public land without crossing onto another person’s property. Easements, however, grant property owners these rights by establishing that the individual has an interest in the use but does not own the land over which the person is crossing. 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. Most recently, the issue of easements in North Dakota received attention regarding the granting of oil and gas easements, which received widespread media coverage. While this article will discuss some of the important details about easements in North Dakota and Minnesota, the best way to proceed if you require help with an easement case is to immediately retain the assistance of a knowledgeable property law attorney.
How Easements are Created in Minnesota and North Dakota
There are several ways in which easements in Minnesota and North Dakota can be created, which include the following:
- Easements by Necessity. These easements are created when a property owner is only able to access his or her property by traveling on property owned by another person.
- Express Easements. These easements are created in writing and define the limitations including physical dimensions that the easement grants. These easements also define the use for which the easement is granted. By agreeing to the terms of these easements, a person agrees to follow the scope of the easement.
- Implied Easement. These easements are based on the intent of the parties that are involved. To create one of these easements, a person must demonstrate unity of title or connection between the lands granting the easement and the person given the easement, apparent, permanent and continuous of the easement, and that the easement is an important part of enjoying the land that benefits from the easement.
- Prescript Easements. Similar in nature to adverse possession, these easements are established by proving that the use of the land for which the easement was granted has been adverse, continuous, and uninterrupted for a period greater than 20 years.
Advice About Easements in Minnesota and North Dakota
There are some important tips that individuals should follow regarding easements, which include:
- Challenging is Limited. If you are interested in challenging an easement, there are often specific circumstances for how this argument can be successfully made to a court of law.
- Know in Advance. A party should know prior to purchasing a piece of property if there are any easements placed on the property and if so, what type of easements were granted.
Contact a Knowledgeable Property Law Attorney
Easements in Minnesota and North Dakota can create complicated issues because a large body of law applies. If you have questions about property law in North Dakota or Minnesota or are involved in a dispute concerning these rights, the assistance of a skilled real estate law attorney can prove to be particularly beneficial. Contact attorney Dean Rindy online at O’Keeffe O’Brien Lyson Attorneys today or call 701-235-8000 or 877-235-8002.
