Benson County Easement Deed Form (North Dakota)

All Benson County specific forms and documents listed below are included in your immediate download package:

Easement Deed Form

Benson County Easement Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Benson County compliant document last validated/updated 9/12/2024

Easement Deed Guide

Benson County Easement Deed Guide

Line by line guide explaining every blank on the form.
Included Benson County compliant document last validated/updated 8/13/2024

Completed Example of the Easement Deed Document

Benson County Completed Example of the Easement Deed Document

Example of a properly completed form for reference.
Included Benson County compliant document last validated/updated 2/21/2024

Easement Deed Description

Benson 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.
Included Benson County compliant document last validated/updated 7/2/2024

When using these Easement Deed forms, the subject real estate must be physically located in Benson County. The executed documents should then be recorded in the following office:

Benson County Recorder

Courthouse - 311 B Ave South / PO Box 193, Minnewaukan, North Dakota 58351-0193

Hours: 8:30 to 12:00, 12:30 to 4:30 M-F / CT

Phone: (701) 473-5332

Local jurisdictions located in Benson County include:

  • Esmond
  • Fort Totten
  • Knox
  • Leeds
  • Maddock
  • Minnewaukan
  • Oberon
  • Saint Michael
  • Tokio
  • Warwick
  • York

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Benson County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Benson County using our eRecording service.
Are these forms guaranteed to be recordable in Benson County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Benson County including margin requirements, content requirements, font and font size requirements.

Can the Easement Deed forms be re-used?

Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Benson County that you need to transfer you would only need to order our forms once for all of your properties in Benson County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by North Dakota or Benson County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

What type of files are the forms?

All of our Benson County Easement Deed forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.

Do I need any special software to use these forms?

You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.

Do I have to enter all of my property information online?

No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.

Can I save the completed form, email it to someone?

Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

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)

Our Promise

The documents you receive here will meet, or exceed, the Benson County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

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Get your Benson 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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July 30th, 2021

It would help if pages of a document indicated 1 of 3 etc. When I downloaded the TOD guide I got a 4th page though it only showed 3 on the screen.

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December 29th, 2022

I appreciate having forms available and not having to go to a business supply or attorney. This is great. However, there are two individual quit claim deed forms and I don't know which one is appropriate.

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May 1st, 2019

Forms are good. But need to be able to fill in information and blanks so these can be filed. Disappointed.

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