Burke County Easement Deed Form

Burke County Easement Deed Form
Fill in the blank form formatted to comply with all recording and content requirements.

Burke County Easement Deed Guide
Line by line guide explaining every blank on the form.

Burke County Completed Example of the Easement Deed Document
Example of a properly completed form for reference.

Burke County Easement Deed Description
A Description of the Easement will be required. This will show how to write an acceptable description for a Right of Way Easement, which gives access, to and from - point A to point B.
All 4 documents above included • One-time purchase • No recurring fees
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Additional North Dakota and Burke County documents included at no extra charge:
Where to Record Your Documents
Burke County Clerk of Court/Recorder
Bowbells, North Dakota 58721
Hours: 8:30-12:00 & 1:00-5:00
Phone: (701) 377-2818
Recording Tips for Burke County:
- Check that your notary's commission hasn't expired
- Bring extra funds - fees can vary by document type and page count
- Ask about their eRecording option for future transactions
Cities and Jurisdictions in Burke County
Properties in any of these areas use Burke County forms:
- Bowbells
- Columbus
- Flaxton
- Lignite
- Portal
- Powers Lake
Hours, fees, requirements, and more for Burke County
How do I get my forms?
Forms are available for immediate download after payment. The Burke County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in Burke County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Burke County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Burke County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Burke County?
Recording fees in Burke County vary. Contact the recorder's office at (701) 377-2818 for current fees.
Questions answered? Let's get started!
An easement allows one person to use another person's real property for a specific purpose. Section 47-05-01 of the North Dakota Century Code lists land servitudes or burdens which may be attached to other land as incidents or appurtenances, which are then called easements. Some land burdens or incidents upon land, such as the right of pasture and of fishing, the right of way, and the right of taking water, wood, or minerals, may be granted and held, though not attached to land (47-05-02). The easement deed should properly describe the area of land covered by an easement and by the interest in real property, as well as the duration of the easement (47-05-02.1). A servitude or easement can be created by one who has a vested estate in the servient tenement (47-05-05). A transfer of real estate in North Dakota will pass all the easements attached to the land (47-10-11).
As an interest in real property, an easement deed must contain the original signature of the grantor, which must also be acknowledged, in order to be presented for recording (47-19-03). If the deed has not been acknowledged, it can be proved by a subscribing witness, which will entitle it to be recorded (47-10-05). An easement deed can be proved or acknowledged at any place in North Dakota before a judge or clerk of the Supreme Court or a notary public (47-19-13). Some officers, such as a city mayor, a recorder, or a county auditor, may take proof or acknowledgments of a deed only within their own district (47-19-14). The officer taking proof or acknowledgment of an easement deed must endorse or attach a certificate to the deed, which should be in substantially the same form as provided in 47-19-27 of the North Dakota Century Code. If an easement deed is acknowledged out of state, it will be accepted for recording in North Dakota if it has been acknowledged according to the laws of such state (47-19-35).
Any instrument, such as an easement deed, affecting the title to or possession of real property in North Dakota must be recorded in the county where the property subject to the easement is located. A duly signed and acknowledged easement deed can be recorded in order to provide constructive notice of the contents of the instrument (47-19-19). If the deed is not recorded, it will be valid between the parties thereto and those who have notice of the instrument (47-19-46). An unrecorded easement deed will also be void against a subsequent purchaser in good faith, and for a valuable consideration, of the same real estate or portion thereof, whose conveyance is first submitted to the recorder and subsequently recorded, whether such instrument is entitled to be recorded or not, or as against any attachment levied thereon or any judgment lawfully obtained at the suit of any party, against the person in whose name the title to such land appears of record, prior to the recording of such conveyance (47-19-41).
(North Dakota ED Package includes form, guidelines, and completed example)
Important: Your property must be located in Burke County to use these forms. Documents should be recorded at the office below.
This Easement Deed meets all recording requirements specific to Burke County.
Our Promise
The documents you receive here will meet, or exceed, the Burke County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
Get your Burke County Easement Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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August 30th, 2019
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March 5th, 2021
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August 23rd, 2019
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