47-05-02.1. Requirements of easements, servitudes, or nonappurtenant restrictions
303 words·~1 min read·
/nd/title-47/chapter-47-05-servitudes/47-05-02-1·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
on the use of real property.
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 property whether or not printed in a document of agreement.
1. The area of land covered by the easement, servitude, or nonappurtenant restriction on
the use of real property shall be properly described and shall set out the area of land
covered by the interest in real property.
2. The duration of the easement, servitude, or nonappurtenant restriction on the use of
real property must be specifically set out, and in no case may the duration of any
interest in real property regulated by this section exceed ninety-nine years. The
duration of an easement for a waterfowl production area acquired by the federal
government, and consented to by the governor or the appropriate state agency after
July 1, 1985, may not exceed fifty years. A waterfowl production area easement that
exceeds fifty years or which purports to be perpetual may be extended by negotiation
between the owner of the easement and the owner of the servient tenement. A
waterfowl production area easement that exceeds fifty years or which purports to be
permanent and is not extended by negotiation is void. The duration of a wetlands
reserve program easement acquired by the federal government pursuant to the Food,
Agriculture, Conservation, and Trade Act of 1990 after July 1, 1991, may not exceed
thirty years.
3. No increase in the area of real property subject to the easement, servitude, or
nonappurtenant restriction shall be made except by negotiation between the owner of
the easement, servitude, or nonappurtenant restriction and the owner of the servient
tenement.