43-13 EASEMENTS AND SERVITUDES
EASEMENTS AND SERVITUDES
Granting and holding of servitudes not attached to land.
Definition of terms--Dominant tenement--Servient tenement.
Creation of servitude--Vested estate in servient tenement necessary.
Extent of servitude--Determination.
Owner of servient tenement cannot hold servitude--Extinguishment of
Effect of partition of dominant tenement--Apportionment of burden--Limitation.
Use of easements by owner of future estate in dominant tenement.
Owner or occupant of dominant tenement--Right to enforce easement.
Owner in fee of servient tenement--Action for possession of land--Public
Destruction of servient tenement extinguishes servitude.
Performance of act incompatible with nature or exercise of easement--Extinguishment of servitude.
Servitude acquired by enjoyment extinguished by disuse for prescribed period.
Wind easement defined.
Granting of wind easements--Filing of written easement or memorandum--Maximum term--Development of energy potential required--Encumbrances.
Required terms and provisions of wind easements.
Severance of wind energy rights limited.
Holder of wind easement, wind lease, or easement for essential services to
accommodate reasonable development of another such holder--Exception.
Extension of development period--Filing of affidavit.
Development of potential to produce energy from wind power.
Contents of written easement or memorandum.
Waiting period for execution of wind easement or wind lease.
Small wind energy system defined.
Large wind energy system defined.
Small wind energy system set back requirement--Exception.
Large wind energy system set back requirement--Exception.