43-13 EASEMENTS AND SERVITUDES
CHAPTER 43-13
EASEMENTS AND SERVITUDES
43-13-1
Granting and holding of servitudes not attached to land.
43-13-2
Easements--Definition--Classification.
43-13-3
Definition of terms--Dominant tenement--Servient tenement.
43-13-4
Creation of servitude--Vested estate in servient tenement necessary.
43-13-5
Extent of servitude--Determination.
43-13-6
Owner of servient tenement cannot hold servitude--Extinguishment of
servitude.
43-13-7
Effect of partition of dominant tenement--Apportionment of burden--Limitation.
43-13-8
Use of easements by owner of future estate in dominant tenement.
43-13-9
Owner or occupant of dominant tenement--Right to enforce easement.
43-13-10
Owner in fee of servient tenement--Action for possession of land--Public
servitude.
43-13-11
Destruction of servient tenement extinguishes servitude.
43-13-12
Performance of act incompatible with nature or exercise of easement--Extinguishment of servitude.
43-13-13
Servitude acquired by enjoyment extinguished by disuse for prescribed period.
43-13-14, 43-13-15.
Repealed.
43-13-16
Wind easement defined.
43-13-17
Granting of wind easements--Filing of written easement or memorandum--Maximum term--Development of energy potential required--Encumbrances.
43-13-18
Required terms and provisions of wind easements.
43-13-19
Severance of wind energy rights limited.
43-13-20
Holder of wind easement, wind lease, or easement for essential services to
accommodate reasonable development of another such holder--Exception.
43-13-20.1
Extension of development period--Filing of affidavit.
43-13-20.2
Development of potential to produce energy from wind power.
43-13-20.3
Contents of written easement or memorandum.
43-13-20.4
Waiting period for execution of wind easement or wind lease.
43-13-20.5
Confidentiality agreements.
43-13-21
Small wind energy system defined.
43-13-22
Large wind energy system defined.
43-13-23
Small wind energy system set back requirement--Exception.
43-13-24
Large wind energy system set back requirement--Exception.
Title 43