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Real property

right of way easement

A right of way is an easement that allows a person to travel through another person’s property to get to certain location. For example, a person might travel through a neighbor’s land to reach a public road or highway. A right of way can be offered to one person, several people, or the public.

In North Dakota, a right of way is a type of easement that grants the holder the right to travel over another person's property for a specific purpose, such as accessing a public road or highway. This right can be established in various ways, including through an express grant in a deed, by implication, by necessity, or through prescriptive use over a period of time. North Dakota law recognizes the importance of these easements for landlocked properties to ensure access to public ways. The creation, scope, and termination of a right of way may be governed by state statutes, case law, and the specific terms of the easement agreement. It is important for property owners and holders of rights of way to understand their legal rights and obligations, which may require consultation with an attorney to navigate the complexities of real property law.

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Real property

right of way easement

Individual & Family Legal Plan

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North-Dakota State Code

North-Dakota State Code

Real property

right of way easement

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