TITLE 55

PROPERTY IN GENERAL

CHAPTER 6

TRANSFER OF REAL PROPERTY

55-603.  Easements pass with property — easements in gross of a commercial character. (1) A transfer of real property passes all easements attached thereto, and creates in favor thereof an easement to use other real property of the person whose estate is transferred, in the same manner and to the same extent as such property was obviously and permanently used by the person whose estate is transferred, for the benefit thereof, at the time when the transfer was agreed upon or completed.

(2)  Easements in gross of a commercial character, whether existing or created in the future, may be transferred, assigned, or conveyed in accordance with the express language of the instrument. As used in this section, "easement in gross of a commercial character" means an easement that is a personal interest in or right to use the land of another:

(a)  For the transmission or distribution of water, sewer, natural gas, or petroleum products;

(b)  For the provision of telephone or data service;

(c)  For the transmission, distribution, or transformation of electricity; or

(d)  For purposes of commercial agricultural uses, including without limitation grazing of livestock, farming, and propagation and harvest of timber crops.

History:

[(55-603) R.S., sec. 2926; reen. R.C. & C.L., sec. 3111; C.S., sec. 5375; I.C.A., sec. 54-603; am. 2022, ch. 276, sec. 1, p. 885.]