Home/North Dakota/Statutes/Title 47: Property/Ch. 47-05: Servitudes/§ 47-05-05
North Dakota Statutes

§ 47-05-05 — Servitude - Creation

North Dakota § 47-05-05
JurisdictionNorth Dakota
Title 47Property
Ch. 47-05Servitudes

This text of North Dakota § 47-05-05 (Servitude - Creation) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
N.D. Cent. Code § 47-05-05 (2026).

Text

A servitude can be created only by one who has a vested estate in the servient tenement.

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Related

Lutz v. Krauter
553 N.W.2d 749 (North Dakota Supreme Court, 1996)
6 case citations
Tamm v. Gatzke, et al.
2025 ND 141 (North Dakota Supreme Court, 2025)

Nearby Sections

15
§ 47-01-01
Ownership defined
§ 47-01-02
Property - Classification
§ 47-01-03
Real property defined
§ 47-01-04
Land defined
§ 47-01-05
Fixtures defined
§ 47-01-06
Appurtenances defined
§ 47-01-07
Personal property defined
§ 47-01-08
What may be subject to ownership
§ 47-01-09
Public or private ownership - All property subject to
§ 47-01-10
State ownership - Property appropriated or dedicated - Property having no owner
§ 47-01-11
Private ownership - Persons qualified - Citizen - Alien
§ 47-01-12
Scope of ownership - Above and below surface
§ 47-01-13
Ownership of land includes water
§ 47-01-14
Land below high water mark - Regulated by federal or state law
§ 47-01-15
Banks and beds of streams - Boundary of ownership
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Bluebook (online)
North Dakota § 47-05-05, Counsel Stack Legal Research, https://law.counselstack.com/statute/nd/47-05-05.