Landowners have the right to grant, deny access

The repercussions of the North Dakota oil boom are being felt throughout the state, and even throughout the nation. One effect of the ever-expanding oil industry is that farmers and ranchers now have to decide whether to grant an easement to that oil, pipeline, road construction or other company who has constructed a path to the middle of a wheat field or calving pasture. Here are some tools to guide you in your decision. First, what exactly is an easement? An easement creates an interest in land that consists of the right to use or control the land, or an area above or below it, for a specific, limited purpose. An easement generally stays in place for an indefinite period of time. It travels with the land in the event of a sale or lease of the land. Basically, it is a perpetual promise to the pipeline company, for example, that they can construct and maintain a pipeline on your property. Second, do I have a choice whether to grant an easement?...more