North Dakota Code § 47-05-02.1

Requirements of easements, servitudes, or nonappurtenant restrictions
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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.

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