Property Ownership

In North Dakota, 'easement by implication' may arise when:

AA buyer verbally asks for an easement
BAn owner subdivides land and the circumstances indicate an easement was intended, even if not expressly stated in the deed✓ Correct
CA court awards damages for trespass
DA property is rezoned

Explanation

Easement by implication arises when an owner divides property and the circumstances (prior use, necessity, apparent and continuous use) indicate that an easement was intended, even though not expressly stated in the deed.

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