N.D. Cent. Code § 47-30.2-06 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-06
47-30.2-06. (203) When other tax-deferred or tax-exempt account presumed abandoned
Status: in_force

47-30.2-06. (203) When other tax-deferred or tax-exempt account presumed

abandoned.

Subject to section 47-30.2-12 and except for property described in section 47-30.2-05 and

property held in a plan described in section 529A of the Internal Revenue Code, as amended,

[26 U.S.C. 529A] property held in an account or plan, including a health savings account, that

qualifies for tax deferral or tax exemption under the income tax laws of the United States is

presumed abandoned if it is unclaimed by the apparent owner three years after the earlier of:

1. The date, if determinable by the holder, specified in the income tax laws and

regulations of the United States by which distribution of the property must begin to

avoid a tax penalty, with no distribution having been made; or

2. Thirty years after the date the account was opened.
N.D. Cent. Code § 47-26-13 — ND Code / Title 47 / Chapter 47-26 / Section 47-26-13
47-26-13. Partition fence erected in body of water erected in equal shares
Status: in_force

47-26-13. Partition fence erected in body of water erected in equal shares

When it is necessary to erect a partition fence in a body of water, such fence shall be built in

equal shares unless it is agreed otherwise by the parties. If either party refuses or neglects to

build or maintain that party's share of the fence, the other party may build or maintain the same

and recover therefor in the manner provided in section 47-26-08.
N.D. Cent. Code § 47-18-24 — ND Code / Title 47 / Chapter 47-18 / Section 47-18-24
47-18-24. Notice of application to convey homestead in case of mental illness - Service
Status: in_force

47-18-24. Notice of application to convey homestead in case of mental illness -

Service.

Notice of the application for an order to convey the homestead property shall be served

upon such persons and in such manner as the court by order shall direct, and in such order the

court shall fix a time for the hearing of the application.
N.D. Cent. Code § 47-21.1-06 — ND Code / Title 47 / Chapter 47-21.1 / Section 47-21.1-06
47-21.1-06. Penalty
Status: in_force

47-21.1-06. Penalty

Any person violating subsection 1 or 2 of section 47-21.1-02 shall, upon conviction thereof,

be guilty of a class C felony. Each individual, felonious manufacture or production of a recorded

article shall constitute a separate offense and be punishable as such. Any person violating the

provisions of subsection 3 or 4 of section 47-21.1-02, or the provisions of section 47-21.1-03

shall, upon conviction thereof, be guilty of a class B misdemeanor.
N.D. Cent. Code § 47-18-15 — ND Code / Title 47 / Chapter 47-18 / Section 47-18-15
47-18-15. Fees of appraisers
Status: in_force

47-18-15. Fees of appraisers

The appraisers of a homestead shall receive the same fees as jurors in civil cases in the

district court, which with all other costs of these proceedings must be paid by the execution

creditor in the first instance, but in the cases provided for in sections 47-18-13 and 47-18-14, the

amount paid must be added as costs on execution and collected accordingly.
N.D. Cent. Code § 47-15.1-08 — ND Code / Title 47 / Chapter 47-15.1 / Section 47-15.1-08
47-15.1-08. Penalties - Remedies - Lessor to preserve evidence
Status: in_force

47-15.1-08. Penalties - Remedies - Lessor to preserve evidence

1. A lessor who fails to comply with this chapter is liable to the consumer for:

a. The greater of the actual damages sustained by the consumer as a result of the

violation or, in the case of an individual action, twenty-five percent of the total

payments necessary to acquire ownership, but not less than one hundred dollars

nor more than one thousand dollars; and

b. The costs of the action and reasonable attorney's fees.

2. A lessor who violates section 47-15.1-07 is liable to the consumer for actual damages

suffered from the violation, the costs of the action, and reasonable attorney's fees.

3. If there is more than one lessor, liability may be imposed only on the lessor who made

the disclosures. When no disclosures have been made, liability must be imposed

jointly and severally on all lessors.

4. When there is more than one consumer, there may be only one recovery of damages

under subsection 1.

5. Multiple violations in connection with a single consumer rental purchase agreement

entitle a consumer to only one recovery under this section.

6. A consumer may not take any action to offset any amount for which a lessor is

potentially liable under subsection 1 against any amount owed by the consumer unless

the amount of the lessor's liability has been determined by judgment of a court of

competent jurisdiction in an action to which the lessor was a party. This subsection

does not bar a consumer then in default on the obligation from asserting a violation of

this chapter as an original action or as a defense or counterclaim to an action brought

by the lessor to collect an amount owed by the consumer.

7. In connection with any transaction under this chapter, the lessor shall preserve

evidence of compliance with this chapter for not less than two years from the date of

consummation of the agreement.
N.D. Cent. Code § 47-19-25 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-25
47-19-25. Certificate of proof - Contents
Status: in_force

47-19-25. Certificate of proof - Contents

An officer taking proof of the execution of an instrument must set forth in the officer's

certificate, endorsed thereon or attached thereto:

1. All the matters required by law to be done or known by the officer;

2. All the matters required by law to be proved before the officer on the proceeding;

3. The names of all the witnesses examined before the officer;

4. The place of residence of all witnesses examined before the officer; and

5. The substance of the evidence given by witnesses examined before the officer.
N.D. Cent. Code § 47-15.1-05 — ND Code / Title 47 / Chapter 47-15.1 / Section 47-15.1-05
47-15.1-05. Reinstatement of agreement - Repossession
Status: in_force

47-15.1-05. Reinstatement of agreement - Repossession

1. A consumer who fails to make a timely rental payment may reinstate the agreement

without losing any right or option that exists under the agreement by the payment of:

a. All past-due rental charges;

b. The reasonable costs of repossession and redelivery if the property has been

repossessed; and

c. Any applicable late fee within five days of the renewal date if the consumer pays

monthly, or within two days of the renewal date if the consumer pays more

frequently than monthly. A late fee may not be more than three dollars or five

percent of the delinquent lease payment, whichever is greater.

2. If a consumer has paid less than two-thirds of the total amount of payments necessary

to acquire ownership and the consumer has returned or voluntarily surrendered the

property other than through judicial process during the applicable reinstatement period

set forth in this section, the consumer may reinstate the agreement during a period of

not less than thirty-one days after the date of the return of the property.

3. If a consumer has paid two-thirds or more of the total amount of payments necessary

to acquire ownership and the consumer has returned or voluntarily surrendered the

property other than through judicial process during the applicable period set forth in

this section, the consumer may reinstate the agreement during a period of not less

than forty-five days after the date of the return of the property.

4. This section does not prevent a lessor from attempting to repossess property during

the reinstatement period. A repossession does not affect the consumer's right to

reinstatement. Upon reinstatement, the lessor shall provide the consumer with the

same property or substitute property of comparable quality and condition.
N.D. Cent. Code § 47-19-12 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-12
47-19-12. Affidavit entitled to record
Status: in_force

47-19-12. Affidavit entitled to record

The affidavit provided for in section 47-19-11, duly verified according to law and containing a

description of the land to which it relates, may be recorded in the office of the recorder of any

county in this state, and such affidavit, when so recorded, shall be prima facie evidence of the

truth of the facts set forth or contained therein.
N.D. Cent. Code § 47-26-18 — ND Code / Title 47 / Chapter 47-26 / Section 47-26-18
47-26-18. Division of fences valid against parties to agreement and their heirs and assigns
Status: in_force

47-26-18. Division of fences valid against parties to agreement and their heirs and

assigns.

All divisions of fences or of the lines upon which partition fences are to be erected between

unfenced land, which are made by the fence viewers in the manner provided in this chapter and

recorded in the office of the recorder, and all such divisions which are made by the owners of

adjoining lands in writing, witnessed by two witnesses, and signed and acknowledged by the

parties making the division, and recorded in the office of the recorder, shall be valid against and

binding upon the parties thereto and upon their heirs and assigns and all the succeeding

occupants of the land, and they shall be obliged always thereafter to maintain their respective

portions of the fence.
N.D. Cent. Code § 47-30.2-07 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-07
47-30.2-07. (204) When custodial account for minor presumed abandoned
Status: in_force

47-30.2-07. (204) When custodial account for minor presumed abandoned

1. Subject to section 47-30.2-12, property held in an account established under a state's

Uniform Gifts to Minors Act or Uniform Transfers to Minors Act is presumed abandoned

if it is unclaimed by or on behalf of the minor on whose behalf the account was opened

three years after the later of:

a. Except as in subdivision b, the date a second consecutive communication sent by

the holder by first-class United States mail to the custodian of the minor on whose

behalf the account was opened is returned undelivered to the holder by the

United States postal service;

b. If the second communication is sent later than thirty days after the date the first

communication is returned undelivered, the date the first communication was

returned undelivered; or

c. The date on which the custodian of the minor, as defined under section

47-24.1-01, is required to transfer the property to the minor or the minor's estate

in accordance with the Uniform Gifts to Minors Act or Uniform Transfers to Minors

Act of the state in which the account was opened.

2. If the holder does not send communications to the custodian of the minor on whose

behalf an account described in subsection 1 was opened by first-class United States

mail, the holder shall attempt to confirm the custodian of the minor's interest in the

property by sending the custodian of the minor an electronic-mail communication not

later than two years after the custodian of the minor's last indication of interest in the

property. However, the holder promptly shall attempt to contact the custodian of the

minor by first-class United States mail if:

a. The holder does not have information needed to send the custodian of the minor

an electronic-mail communication or the holder believes that the custodian of the

minor's electronic-mail address in the holder's records is not valid;

b. The holder receives notification that the electronic-mail communication was not

received; or

c. The custodian of the minor does not respond to the electronic-mail

communication not later than thirty days after the communication was sent.

3. If first-class United States mail sent under subsection 2 is returned undelivered to the

holder by the United States postal service, the property is presumed abandoned three

years after the later of:

a. The date a second consecutive communication to contact the custodian of the

minor by first-class United States mail is returned to the holder undelivered by the

United States postal service; or

b. The date established by subdivision c of subsection 1.

4. The property in the account described in subsection 1 ceases to be subject to this

section on the date the property is transferred to the minor or to the minor's estate.
N.D. Cent. Code § 47-20.1-07 — ND Code / Title 47 / Chapter 47-20.1 / Section 47-20.1-07
47-20.1-07. Official corner record
Status: in_force

47-20.1-07. Official corner record

When such a corner described herein has been established and filed, that corner record

shall be the official record and shall be made available to all state and federal government

agencies without cost; however, the recorder may charge a reasonable fee for furnishing

certified copies of the official record to all other persons.
N.D. Cent. Code § 47-34-01 — ND Code / Title 47 / Chapter 47-34 / Section 47-34-01
47-34-01. Definitions
Status: in_force

47-34-01. Definitions

As used in this chapter:

1. "Closing agent" means a person that closes a real estate transaction in connection

with the purchase, sale, or financing of an interest in real estate. The term does not

include a lender or an employee of a lender that conducts a settlement or closing of a

real estate secured loan provided by the lender in the office of the lender.

2. "Collected funds" means a cash deposit or a check that has been presented for

payment and for which payment has been irrevocably credited to the closing agent's

escrow account.

3. "Escrow account" means:

a. A checking account established by a closing agent with a bank, savings and loan

association, credit union, or savings bank that is chartered under the laws of a

state or the United States and which is used exclusively for the deposit and

disbursement of funds for a real estate transaction; or

b. A trust account maintained by an attorney under the North Dakota Rules of

Professional Conduct.

4. "Good funds" means funds in any one or more of the following forms:

a. United States currency.

b. Wired funds unconditionally held by and irrevocably credited to the escrow

account of the closing agent.

c. A check that has been presented for payment and for which payment has been

collected. As used in this subdivision, the term check includes a certified check

and a cashier's check.

d. A check that is drawn on the trust account of a real estate broker licensed under

chapter 43-23 or on the trust account maintained by an attorney under the North

Dakota Rules of Professional Conduct, for which funds are collected funds by the

real estate broker or the attorney's trust account.

e. A cashier's check not to exceed fifty thousand dollars in the aggregate which is

received by the closing agent and which is drawn on an existing account at a

bank, savings and loan association, credit union, or savings bank chartered under

the laws of a state or the United States located in this state, Minnesota, Montana,

or South Dakota.

f. A check drawn on the escrow account of another closing agent in this state,

Minnesota, Montana, or South Dakota.

g. Funds transferred to the closing agent's escrow account by the bank, savings and

loan association, credit union, or savings bank that is the host institution of the

closing agent's escrow account.

5. "Real estate transaction" means a transaction in which a person deposits with a

closing agent funds that are to be held until a specified event occurs or the

performance of a prescribed condition in connection with the purchase, sale, or

financing of an interest in real estate; or a settlement or closing conducted in

connection with the purchase, sale, or financing of an interest in real estate. The term

does not include a loan financing if the only parties to the loan transaction are the

lender and the borrower, and the lender is responsible for disbursing all of the funds to

the borrower or to a third party in order to pay fees and charges associated with the

loan transaction.
N.D. Cent. Code § 47-32-03 — ND Code / Title 47 / Chapter 47-32 / Section 47-32-03
47-32-03. Legal representatives may bring eviction actions
Status: in_force

47-32-03. Legal representatives may bring eviction actions

Executors and administrators may bring actions of eviction in the district courts in the same

manner as their testators and intestates, as the case may be.
N.D. Cent. Code § 47-18-17 — ND Code / Title 47 / Chapter 47-18 / Section 47-18-17
47-18-17. Who may make declaration of homestead
Status: in_force

47-18-17. Who may make declaration of homestead

Any person may make a declaration of homestead in the manner provided in sections

47-18-18 and 47-18-19. A failure to make such declaration shall not impair the homestead right.
N.D. Cent. Code § 47-24.1-21 — ND Code / Title 47 / Chapter 47-24.1 / Section 47-24.1-21
47-24.1-21. Applicability
Status: in_force

47-24.1-21. Applicability

This chapter applies to a transfer within the scope of section 47-24.1-02 made after June

30, 1985, if:

1. The transfer purports to have been made under the North Dakota Uniform Gifts to

Minors Act; or

2. The instrument by which the transfer purports to have been made uses in substance

the designation "as custodian under the Uniform Gifts to Minors Act" or "as custodian

under the Uniform Transfers to Minors Act" of any other state, and the application of

this chapter is necessary to validate the transfer.
N.D. Cent. Code § 47-02-21 — ND Code / Title 47 / Chapter 47-02 / Section 47-02-21
47-02-21. Future interests - Limitation
Status: in_force

47-02-21. Future interests - Limitation

No future interest in property is recognized by the law, except such as is defined in this title.
N.D. Cent. Code § 47-14-08 — ND Code / Title 47 / Chapter 47-14 / Section 47-14-08
47-14-08. Interest on loans may be deducted in advance - Limitation
Status: in_force

47-14-08. Interest on loans may be deducted in advance - Limitation

The interest which would become due at the end of the term for which a loan is made, not

exceeding one year's interest in all, may be deducted from the loan in advance if the parties

thus agree.
N.D. Cent. Code § 47-24.1-19 — ND Code / Title 47 / Chapter 47-24.1 / Section 47-24.1-19
47-24.1-19. Accounting by and determination of liability of custodian
Status: in_force

47-24.1-19. Accounting by and determination of liability of custodian

1. A minor who has attained the age of fourteen years, the minor's guardian of the person

or legal representative, an adult member of the minor's family, a transferor, or a

transferor's legal representative may petition the court for an accounting by the

custodian or the custodian's legal representative or for a determination of

responsibility, as between the custodial property and the custodian personally, for

claims against the custodial property unless the responsibility has been adjudicated in

an action under section 47-24.1-17 to which the minor or the minor's legal

representative was a party.

2. A successor custodian may petition the court for an accounting by the predecessor

custodian.

3. The court, in a proceeding under this chapter or in any other proceeding, may require

or permit the custodian or the custodian's legal representative to account.

4. If a custodian is removed under subsection 6 of section 47-24.1-18, the court shall

require an accounting and order delivery of the custodial property and records to the

successor custodian and the execution of all instruments required for transfer of the

custodial property.
N.D. Cent. Code § 47-37-10 — ND Code / Title 47 / Chapter 47-37 / Section 47-37-10
47-37-10. Enforcement of environmental covenant
Status: in_force

47-37-10. Enforcement of environmental covenant

1. A civil action for injunctive or other equitable relief for violation of an environmental

covenant may be maintained by:

a. A party to the covenant;

b. The agency or, if it is not the agency, the department of environmental quality;

c. Any person to which the covenant expressly grants power to enforce;

d. A person that has interest in the real property or has collateral or liability that may

be affected by the alleged violation of the covenant; or

e. A municipality or other unit of local government in which the real property subject

to the covenant is located.

2. This chapter does not limit the regulatory authority of the agency or the department of

environmental quality under law other than this chapter with respect to an

environmental response project.

3. A person is not responsible for or subject to liability for environmental remediation

solely because the person has the right to enforce an environmental covenant.
N.D. Cent. Code § 47-10.1-05 — ND Code / Title 47 / Chapter 47-10.1 / Section 47-10.1-05
47-10.1-05. Reports
Status: in_force

47-10.1-05. Reports

The commissioner shall monitor for compliance with this chapter all reports transmitted to

the commissioner pursuant to the Agricultural Foreign Investment Disclosure Act of 1978

[7 U.S.C. 3501 et seq.]. The commissioner shall make the reports available to the public.
N.D. Cent. Code § 47-19-14.7 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-14.7
47-19-14.7. Prior acknowledgments not affected
Status: repealed

47-19-14.7. Prior acknowledgments not affected

Repealed by S.L. 2011, ch. 334, § 6.
N.D. Cent. Code § 47-05-09 — ND Code / Title 47 / Chapter 47-05 / Section 47-05-09
47-05-09. Right of future owner in easements
Status: in_force

47-05-09. Right of future owner in easements

The owner of a future estate in a dominant tenement may use easements attached thereto

for the purpose of viewing waste, demanding rent, or removing an obstruction to the enjoyment

of such easement, although such tenement is occupied by a tenant.
N.D. Cent. Code § 47-25.1-08 — ND Code / Title 47 / Chapter 47-25.1 / Section 47-25.1-08
47-25.1-08. Short title
Status: in_force

47-25.1-08. Short title

This chapter may be cited as the Uniform Trade Secrets Act.
N.D. Cent. Code § 47-16-30 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-30
47-16-30. Remedies against assignees of lessee
Status: in_force

47-16-30. Remedies against assignees of lessee

Whatever remedies the lessor of any real property has against the lessor's immediate

lessee for the breach of an agreement in the lease or for recovery of the possession, the lessor

also has against the assignees of the lessee for any claim for relief accruing while they are such

assignees, except when the assignment is made by way of security for a loan and is not

accompanied by possession of the premises.
N.D. Cent. Code § 47-20.1-05 — ND Code / Title 47 / Chapter 47-20.1 / Section 47-20.1-05
47-20.1-05. Form to be prescribed by board
Status: in_force

47-20.1-05. Form to be prescribed by board

The state board of registration for professional engineers and land surveyors provided for in

chapter 43-19.1 shall by regulation provide and prescribe the information which shall be

necessary to be included in the corner record. The board shall prescribe the form in which such

corner record shall be presented and filed.
N.D. Cent. Code § 47-04-26 — ND Code / Title 47 / Chapter 47-04 / Section 47-04-26
47-04-26. Covenants running with the land - Classification
Status: in_force

47-04-26. Covenants running with the land - Classification

All covenants contained in a grant of an estate in real property, which are made for the

direct benefit of the property or some part of it then in existence, run with the land. Such

covenants include covenants:

1. Of warranty;

2. For quiet enjoyment;

3. For further assurance on the part of a grantor; or

4. For the payment of rent, taxes, or assessments upon the land on the part of a grantee.
N.D. Cent. Code § 47-36-02 — ND Code / Title 47 / Chapter 47-36 / Section 47-36-02
47-36-02. Applicability
Status: in_force

47-36-02. Applicability

1. This chapter applies to:

a. A fiduciary acting under a will or power of attorney executed before, on, or after

the effective date of this chapter;

b. A personal representative acting for a decedent who died before, on, or after the

effective date of this chapter;

c. A conservatorship or guardianship proceeding commenced before, on, or after

the effective date of this chapter;

d. A trustee acting under a trust created before, on, or after the effective date of this

chapter; and

e. A custodian if the user resides in this state or resided in this state at the time of

the user's death.

2. This chapter does not apply to a digital asset of an employer used by an employee in

the ordinary course of the employer's business.
N.D. Cent. Code § 47-04.1-01 — ND Code / Title 47 / Chapter 47-04.1 / Section 47-04.1-01
47-04.1-01. Definitions
Status: reserved

47-04.1-01. Definitions

In this chapter, unless context otherwise requires:

1. "Common areas" means the entire project excepting all units therein granted or

reserved.

2. "Condominium" is an estate in real property consisting of an undivided interest or

interests in common in a portion of a parcel of real property together with a separate

interest or interests in space in a structure, on such real property.

3. "Interest" means the fractional or percentage interest or interests ascribed to each unit

by the declaration provided for in section 47-04.1-03.

4. "Limited common areas" means those elements designed for use by the owners of

one or more but less than all of the units included in the project.

5. "Project" means the entire parcel of real property divided, or to be divided into

condominiums, including all structures thereon.

6. "To divide" real property means to divide the ownership thereof by conveying one or

more condominiums therein but less than the whole thereof.

7. "Unit" means the elements of a condominium which are not owned in common with the

owners of other condominiums in the project.
N.D. Cent. Code § 47-13-01 — ND Code / Title 47 / Chapter 47-13 / Section 47-13-01
47-13-01. Loan for exchange defined
Status: in_force

47-13-01. Loan for exchange defined

A loan for exchange is a contract by which one delivers personal property to another and

the latter agrees to return to the lender a similar thing at a future time without reward for its use.
N.D. Cent. Code § 47-19-14.1 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-14.1
47-19-14.1. Recognition of notarial acts
Status: repealed

47-19-14.1. Recognition of notarial acts

Repealed by S.L. 2011, ch. 334, § 6.
N.D. Cent. Code § 47-20.2-08 — ND Code / Title 47 / Chapter 47-20.2 / Section 47-20.2-08
47-20.2-08. Federal and state coordinates describing same tracts - Federal precedence
Status: repealed

47-20.2-08. Federal and state coordinates describing same tracts - Federal

precedence.

Repealed by S.L. 1989, ch. 555, § 7.
N.D. Cent. Code § 47-19-45 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-45
47-19-45. Record - Constructive notice of execution - Instruments recorded admissible in evidence without further proof
Status: in_force

47-19-45. Record - Constructive notice of execution - Instruments recorded

admissible in evidence without further proof.

The depositing with the proper officer for record of any instrument shall be constructive

notice of the execution of such instrument to all purchasers and encumbrancers subsequent to

such depositing, if such instrument is subsequently recorded. All instruments entitled to record,

the record of all instruments, or a duly certified copy of such record, shall be admissible in

evidence in all the courts of this state and may be read in evidence in all of the courts of this

state without further proof.
N.D. Cent. Code § 47-19-34 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-34
47-19-34. Proof and acknowledgment of instruments as to corporations and limited liability companies
Status: in_force

47-19-34. Proof and acknowledgment of instruments as to corporations and limited

liability companies.

No provision in any of the laws of this state, relating to the proof and acknowledgment of

instruments and the taking of affidavits, shall be construed to invalidate or affect the proof or

acknowledgment, affidavit, or the certificate thereof, of any instrument to which a corporation or

limited liability company may be a party and which shall have been or may be proven,

acknowledged, sworn to before, or certified to by, an officer, manager, or person authorized by

law, who may be an officer, director, governor, manager, employee, stockholder, or member of

such corporation or limited liability company. No person otherwise qualified or authorized by law

to take and receive the proof or acknowledgment of an instrument or affidavit and to certify

thereto shall be disqualified by reason of being an officer, director, employee, or stockholder of

any corporation or a manager, governor, employee, or member of any limited liability company

which is a party to such instrument, and such proof, acknowledgment, and certificate thereof

shall be valid for all purposes.
N.D. Cent. Code § 47-05-04 — ND Code / Title 47 / Chapter 47-05 / Section 47-05-04
47-05-04. Servient tenement defined
Status: in_force

47-05-04. Servient tenement defined

A servient tenement means the land upon which a burden or servitude has been placed.
N.D. Cent. Code § 47-05-15 — ND Code / Title 47 / Chapter 47-05 / Section 47-05-15
47-05-15. Wind easements - Creation - Term - Development required
Status: in_force

47-05-15. Wind easements - Creation - Term - Development required

Redesignated as section 17-04-03 under S.L. 2007, ch. 204, § 5.
N.D. Cent. Code § 47-01-01 — ND Code / Title 47 / Chapter 47-01 / Section 47-01-01
47-01-01. Ownership defined
Status: in_force

47-01-01. Ownership defined

The ownership of a thing shall mean the right of one or more persons to possess and use it

to the exclusion of others. In this code the thing of which there may be ownership is called

property.
N.D. Cent. Code § 47-25-07 — ND Code / Title 47 / Chapter 47-25 / Section 47-25-07
47-25-07. Cancellation
Status: in_force

47-25-07. Cancellation

The secretary of state shall cancel from the register:

1. A registration for which the secretary of state receives a voluntary request for

cancellation from the registrant or the assignee of record on forms prescribed by the

secretary of state. In the case of a registrant who is a deceased individual, the request

for cancellation may be made by the personal representative of the registrant's estate.

2. A registration for which a state district court finds any of the following:

a. That the registered trade name has been abandoned.

b. That the registrant is not the owner of the trade name.

c. That the registration was granted improperly.

d. That the registration was obtained fraudulently.

e. That the trade name registered is so similar to a trade name registered by

another person as to be likely to cause confusion or mistake or to deceive.

3. A registration a district court orders canceled on any grounds.

4. A trade name when the registrant is a corporation, limited liability company, limited

partnership, limited liability partnership, or limited liability limited partnership that has

ceased to exist for six months.

5. A trade name in which a misrepresentation has been made of any material matter. The

secretary of state may not cancel a trade name under this subsection unless the

secretary of state has given notice of not less than thirty days to the registrant and any

parties that may be misrepresented at the address or electronic address on file with

the secretary of state.
N.D. Cent. Code § 47-02-29 — ND Code / Title 47 / Chapter 47-02 / Section 47-02-29
47-02-29. Future interest dependent on death without successors is defeated by birth of posthumous child
Status: in_force

47-02-29. Future interest dependent on death without successors is defeated by birth

of posthumous child.

A future interest depending on the contingency of the death of any person without

successors, heirs, issue, or children is defeated by the birth of a posthumous child of such

person capable of taking by succession.
N.D. Cent. Code § 47-36-01 — ND Code / Title 47 / Chapter 47-36 / Section 47-36-01
47-36-01. Definitions
Status: in_force

47-36-01. Definitions

For purposes of this chapter, unless the context otherwise requires:

1. "Account" means an arrangement under a terms-of-service agreement in which a

custodian carries, maintains, processes, receives, or stores a digital asset of a user or

provides goods or services to the user.

2. "Agent" means an attorney in fact granted authority under a durable or nondurable

power of attorney.

3. "Carries" means engages in the transmission of an electronic communication.

4. "Catalog of electronic communications" means information that identifies each person

with which a user has had an electronic communication, the time and date of the

communication, and the electronic address of the person.

5. "Conservator or guardian" means a person appointed by a court to manage the estate

of a living individual. The term includes a limited conservator or guardian.

6. "Content of an electronic communication" means information concerning the

substance or meaning of the communication which:

a. Has been sent or received by a user;

b. Is in electronic storage by a custodian providing an electronic communication

service to the public, or is carried or maintained by a custodian providing a

remote computing service to the public; and

c. Is not readily accessible to the public.

7. "Court" means a district court with jurisdiction over matter that relates to this chapter.

8. "Custodian" means a person that carries, maintains, processes, receives, or stores a

digital asset of a user.

9. "Designated recipient" means a person chosen by a user using an online tool to

administer digital assets of the user.

10. "Digital asset" means an electronic record in which an individual has a right or interest.

The term does not include an underlying asset or liability unless the asset or liability is

itself an electronic record.

11. "Electronic" means relating to technology having electrical, digital, magnetic, wireless,

optical, electromagnetic, or similar capabilities.

12. "Electronic communication" means any transfer of signs, signals, writing, images,

sounds, data, or intelligence of any nature transmitted in whole or in part by a wire,

radio, electromagnetic, photoelectronic, or photo-optical system that affects interstate

or foreign commerce, but does not include:

a. Any wire or oral communication;

b. Any communication made through a tone-only paging device;

c. Any communication from an electronic or mechanical device which permits the

tracking of the movement of a person or object; and

d. Electronic funds transfer information stored by a financial institution in a

communications system used for the electronic storage and transfer of funds.

13. "Electronic communication service" means a custodian that provides to a user the

ability to send or receive an electronic communication.

14. "Fiduciary" means an original, an additional, or a successor personal representative,

conservator or guardian, agent, or trustee.

15. "Information" includes data, text, images, videos, sounds, codes, computer programs,

software, and databases.

16. "Online tool" means an electronic service provided by a custodian that allows the user,

in an agreement distinct from the terms-of-service agreement between the custodian

and user, to provide directions for disclosure or nondisclosure of digital assets to a

third person.

17. "Person" means an individual, estate, business or nonprofit entity, public corporation,

government or governmental subdivision, agency, instrumentality, or other legal entity.

18. "Personal representative" means an executor, administrator, special administrator, or

person that performs substantially the same function under the laws of this state other

than this chapter.

19. "Power of attorney" means a record that grants an agent authority to act in the place of

a principal.

20. "Principal" means an individual who grants authority to an agent in a power of attorney.

21. "Protected person" means an individual for whom a conservator or guardian has been

appointed. The term includes an individual for whom an application for the

appointment of a conservator or guardian is pending.

22. "Record" means information that is inscribed on a tangible medium or that is stored in

an electronic or other medium and is retrievable in perceivable form.

23. "Remote computing service" means a custodian that provides to a user computer

processing services or the storage of digital assets by means of any wire, radio,

electromagnetic, photo-optical, or photoelectronic facilities for the transmission of wire

or electronic communications, and any computer facilities or related electronic

equipment for the electronic storage of such communications.

24. "Terms-of-service agreement" means an agreement that controls the relationship

between a user and a custodian.

25. "Trustee" means a fiduciary with legal title to property under an agreement or

declaration that creates a beneficial interest in another. The term includes a successor

trustee.

26. "User" means a person that has an account with a custodian.

27. "Will" includes a codicil, a testamentary instrument that only appoints an executor, and

an instrument that revokes or revises a testamentary instrument.
N.D. Cent. Code § 47-02-23 — ND Code / Title 47 / Chapter 47-02 / Section 47-02-23
47-02-23. Conditions - Classification
Status: in_force

47-02-23. Conditions - Classification

Conditions are precedent or subsequent. The former fix the beginning, the latter the ending

of the right.
N.D. Cent. Code § 47-04-05 — ND Code / Title 47 / Chapter 47-04 / Section 47-04-05
47-04-05. Estates tail abolished - Declared fees
Status: in_force

47-04-05. Estates tail abolished - Declared fees

Estates tail are abolished and every estate which would be adjudged a fee tail at common

law is a fee simple, and if no valid remainder is limited thereon, is a fee simple absolute.
N.D. Cent. Code § 47-09-09 — ND Code / Title 47 / Chapter 47-09 / Section 47-09-09
47-09-09. Constructive delivery
Status: in_force

47-09-09. Constructive delivery

Though a grant is not actually delivered into the possession of the grantee, it is yet to be

deemed constructively delivered in the following cases:

1. When, by the agreement of the parties, the instrument is understood to be delivered at

the time of execution and the circumstances are such that the grantee is entitled to

immediate delivery; or

2. When it is delivered to a stranger for the benefit of a grantee and the grantee's assent

is shown or may be presumed.
N.D. Cent. Code § 47-21.2-03 — ND Code / Title 47 / Chapter 47-21.2 / Section 47-21.2-03
47-21.2-03. Contract requirements
Status: in_force

47-21.2-03. However, this chapter does not prohibit a performing rights society from

conducting investigations to determine the existence of music use by a proprietor or

informing a proprietor of the proprietor's obligation under the copyright laws of the

United States.
N.D. Cent. Code § 47-36-10 — ND Code / Title 47 / Chapter 47-36 / Section 47-36-10
47-36-10. Disclosure of digital assets held in trust when trustee is original user
Status: in_force

47-36-10. Disclosure of digital assets held in trust when trustee is original user

Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a

trustee that is an original user of an account any digital asset of the account held in trust,

including a catalog of electronic communications of the trustee and the content of electronic

communications.
N.D. Cent. Code § 47-21.1-01 — ND Code / Title 47 / Chapter 47-21.1 / Section 47-21.1-01
47-21.1-01. Definition
Status: in_force

47-21.1-01. Definition

As used in this chapter, the term "owner" means the person who owns the original fixation of

sounds embodied in the master phonograph record, master disc, master tape, master film, or

other device used for reproducing sounds on phonograph records, discs, tapes, films, or other

articles on which sound is recorded, and from which the transferred recorded sounds are

directly derived.
N.D. Cent. Code § 47-01-09 — ND Code / Title 47 / Chapter 47-01 / Section 47-01-09
47-01-09. Public or private ownership - All property subject to
Status: in_force

47-01-09. Public or private ownership - All property subject to

All property in this state has an owner, whether that owner is the United States or the state,

and the property public, or the owner an individual, and the property private. The state also may

hold property as a private proprietor.
N.D. Cent. Code § 47-16-18 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-18
47-16-18. When lease of real property is terminated by death
Status: in_force

47-16-18. When lease of real property is terminated by death

Only a lease of real property which is terminable at the pleasure of one of the parties to the

contract is terminated by the notice to one party of the death or incapacity of the other party to

contract. Upon the death of a lessee of real property for residential purposes, however, and at

the option of any surviving lessee or of the estate of the decedent, the lease terminates on the

last day of the month in the month following the death of the lessee unless the lease term

expires before that time.
N.D. Cent. Code § 47-15-11 — ND Code / Title 47 / Chapter 47-15 / Section 47-15-11
47-15-11. Termination before end of term by hirer
Status: in_force

47-15-11. Termination before end of term by hirer

The hirer of personal property may terminate the hiring before the end of the term agreed

upon:

1. When the letter, within a reasonable time after request, does not fulfill the letter's

obligations, if any, as to placing and securing the hirer in the quiet possession of the

thing hired, or putting it into a good condition, or repairing it; or

2. When the greater part of the property hired, or that part thereof which was, and which

the letter at the time of the hiring had reason to believe was, the material inducement

to the hirer to enter into the contract, perishes from any cause other than the ordinary

or gross negligence of the hirer.
N.D. Cent. Code § 47-21-11 — ND Code / Title 47 / Chapter 47-21 / Section 47-21-11
47-21-11. Copyrights - Violation of provisions - Penalty
Status: in_force

47-21-11. Copyrights - Violation of provisions - Penalty

Any person who violates the provisions of this chapter is guilty of a class A misdemeanor.
N.D. Cent. Code § 47-19.1-03 — ND Code / Title 47 / Chapter 47-19.1 / Section 47-19.1-03
47-19.1-03. Notice of adverse claim of interest filed
Status: in_force

47-19.1-03. Notice of adverse claim of interest filed

Marketable title is held by a person and taken by that person's successors in interest free

and clear of all interest, claims, or any charges whatever, the existence of which depends upon

any act, transaction, event, or omission that occurred twenty years or more before the present

date, whether evidenced by a recorded instrument or otherwise, and all interests, claims, and

charges affecting the interest in real estate are barred and not enforceable, unless a person

makes an adverse claim before twenty years from the date of recording of the conveyance or

other title transaction under which title is claimed, and records a verified notice setting forth the

nature of the person's adverse claim. A disability or lack of knowledge of any kind on the part of

anyone may not extend the time for filing the notice after the expiration of the twenty years.
N.D. Cent. Code § 47-11-14 — ND Code / Title 47 / Chapter 47-11 / Section 47-11-14
47-11-14. Transfer of personal property by grantor to grantor and others in joint tenancy
Status: in_force

47-11-14. Transfer of personal property by grantor to grantor and others in joint

tenancy.

Any person, firm, corporation, or limited liability company owning an interest either legal or

equitable in any personal property may grant, transfer, sell, and convey the same as grantor to

the grantor and any other person, firm, corporation, or limited liability company in joint tenancy

with right of survivorship without the necessity of any intermediate transfer or grant to or through

a third person, if such personal property is tangible and has a situs in this state, if the property is

intangible and the transfer or grant is made in this state, and in all other cases if such transfer is

subject to the laws of this state.
N.D. Cent. Code § 47-21-04 — ND Code / Title 47 / Chapter 47-21 / Section 47-21-04
47-21-04. Owners combining to issue blanket license for public performance - Legality
Status: repealed

47-21-04. Owners combining to issue blanket license for public performance -

Legality.

Repealed by S.L. 1987, ch. 558, § 2.
N.D. Cent. Code § 47-02-09 — ND Code / Title 47 / Chapter 47-02 / Section 47-02-09
47-02-09. Commencement and duration of interests
Status: in_force

47-02-09. Commencement and duration of interests

In respect to the time of enjoyment an interest in property is:

1. Present or future; and

2. Perpetual or limited.
N.D. Cent. Code § 47-26-19 — ND Code / Title 47 / Chapter 47-26 / Section 47-26-19
47-26-19. Fence viewers neglecting to perform duty - Penalty
Status: in_force

47-26-19. Fence viewers neglecting to perform duty - Penalty

A township supervisor who unreasonably neglects to view a fence after having been

requested to do so, or who refuses to perform any other duty required under the provisions of

this chapter, shall forfeit the sum of five dollars and shall be liable to the party injured for all

damages consequent upon such neglect.
N.D. Cent. Code § 47-06-09 — ND Code / Title 47 / Chapter 47-06 / Section 47-06-09
47-06-09. Islands and relicted land in non-navigable streams
Status: in_force

47-06-09. Islands and relicted land in non-navigable streams

An island or accumulation of land formed in a stream which is not navigable belongs to the

owner of the shore on that side where the island or accumulation is formed, or if not formed on

one side only, to the owners of the shore on the two sides, divided by an imaginary line drawn

through the middle of the river.
N.D. Cent. Code § 47-18-09 — ND Code / Title 47 / Chapter 47-18 / Section 47-18-09
47-18-09. Appointment of appraisers
Status: in_force

47-18-09. Appointment of appraisers

At a hearing, the court, upon proof of the service of the notice and petition provided for in

section 47-18-08 and of the facts stated in the petition, may appoint three disinterested

residents of the county to appraise the value of the homestead.
N.D. Cent. Code § 47-19-44 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-44
47-19-44. Requisites of instrument to revoke power to convey
Status: in_force

47-19-44. Requisites of instrument to revoke power to convey

No instrument containing a power to convey or execute instruments affecting real property,

which has been recorded, is revoked by any act of the party by whom it was executed, unless

the instrument containing such revocation also is acknowledged or proved, certified, and

recorded in the same office in which the instrument containing the power was recorded.
N.D. Cent. Code § 47-35-03 — ND Code / Title 47 / Chapter 47-35 / Section 47-35-03
47-35-03. Perfection of security interest in rents
Status: in_force

47-35-03. Perfection of security interest in rents

1. A document creating an assignment of rents may be submitted for recording in the

office of the recorder for the county in which the real property described in the

document is located in the same manner as any other document evidencing a

conveyance of an interest in real property.

2. Upon recording, the security interest in rents created by an assignment of rents is fully

perfected, notwithstanding any provision of the document creating the assignment or

other law of this state which would preclude or defer enforcement of the security

interest until the occurrence of a subsequent event, including a subsequent default of

the assignor, the assignee's obtaining possession of the real property, or the

appointment of a receiver.

3. Except as otherwise provided in subsection 4, a perfected security interest in rents

takes priority over the rights of a person who, after the security interest is perfected,

acquires an interest in or judgment lien against the rents or the real property from

which they arise.

4. A perfected security interest in rents has priority over the rights of a person listed in

subsection 3 with respect to future advances to the same extent as the assignee's

security interest in the real property has priority over the rights of that person with

respect to future advances.
N.D. Cent. Code § 47-16-02 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-02
47-16-02. Limitations on leases
Status: in_force

47-16-02. Limitations on leases

No lease or grant of agricultural land reserving any rent or service of any kind for a longer

period than ten years shall be valid. No lease or grant of any city lot reserving any rent or

service of any kind for a longer period than ninety-nine years shall be valid.
N.D. Cent. Code § 47-10.1-02 — ND Code / Title 47 / Chapter 47-10.1 / Section 47-10.1-02
47-10.1-02. Restriction on acquisition - Exceptions
Status: in_force

47-10.1-02. Restriction on acquisition - Exceptions

1. An individual who is not a citizen of the United States, a citizen of Canada, or a

permanent resident alien of the United States may not acquire directly or indirectly any

interest in agricultural land unless:

a. The individual is an alien entitled to enter the United States under the provisions

of a treaty of commerce and navigation between the United States and the

foreign state of which the individual is a national, solely to develop and direct the

operations of an enterprise in which the individual has invested or to direct the

operations of an enterprise in which the individual is actively in the process of

investing a substantial amount of capital;

b. The individual resides in this state for at least ten months out of every year;

c. The individual actively participates in the operation of the agricultural land;

d. The agricultural landholding does not exceed six hundred forty acres [258.99

hectares]; and

e. The agricultural landholding includes a dairy operation.

2. An individual who is permitted to acquire an interest in agricultural land under

subsection 1 shall:

a. Notify the agriculture commissioner of any land acquisition within thirty days of

the acquisition; and

b. Annually provide the agriculture commissioner with a list of all addresses at which

the individual resided during the previous year and the dates during which the

individual resided at each address.

3. If an individual ceases to meet the exceptions provided for in subsection 1, the

individual shall dispose of the agricultural land within twenty-four months.

4. A partnership, limited partnership, limited liability company, trustee, or other business

entity may not, directly or indirectly, acquire or otherwise obtain any interest, whether

legal, beneficial, or otherwise, in any title to agricultural land unless the ultimate

beneficial interest of the entity is held directly or indirectly by citizens of the United

States or permanent resident aliens of the United States.

5. This section does not apply to agricultural land that may be acquired by devise,

inheritance, as security for indebtedness, by process of law in the collection of debts,

or by any procedure for the enforcement of a lien or claim thereon, whether created by

mortgage or otherwise; provided, that all agricultural land acquired in the collection of

debts or by the enforcement of a lien or claim must be disposed of within three years

after acquiring ownership if the acquisition would otherwise violate this section.

6. This section does not apply to a foreign corporation or a foreign limited liability

company which acquires agricultural land for use as an industrial site when

construction contracts are entered into by the corporation or limited liability company

within one hundred fifty days after acquisition of the land; provided, that this exception

applies only to so much agricultural land as is reasonably necessary for industrial

purposes. A foreign corporation or a foreign limited liability company which owns

agricultural land for industrial purposes but which discontinues using the land for

industrial purposes shall dispose of the land as provided by chapter 10-06.1. A foreign

corporation or foreign limited liability company shall dispose of agricultural land

acquired for industrial purposes within one year after acquisition if construction

contracts are not entered into within one hundred fifty days after acquisition of the

land.

7. This section does not apply to citizens or subjects of a foreign country whose rights to

hold land are secured by treaty or to common carriers by railroad subject to the

jurisdiction of the interstate commerce commission.

8. Notwithstanding subsection 4 and subsection 6, after June 30, 2023, a foreign

government may not purchase, acquire, or hold any foreign governmental interest in

agricultural land in the state. This section does not apply to any interest in agricultural

land held by a foreign government before July 1, 2023.

9. Notwithstanding the provisions of this chapter, the prohibition on ownership of

agricultural land does not apply to the acquisition of agricultural land or an interest in

agricultural land by a state-controlled enterprise if the agricultural land:

a. Is used for agricultural research and development, or experimental purposes,

including testing, developing, or producing crop production inputs, including seed,

fertilizer, pesticides, soil amendments, plants, or biologicals; and

b. Does not exceed one hundred sixty acres [64.75 hectares].
N.D. Cent. Code § 47-35-05 — ND Code / Title 47 / Chapter 47-35 / Section 47-35-05
47-35-05. Application to existing relationships
Status: in_force

47-35-05. Application to existing relationships

1. Except as otherwise provided in this section, this chapter governs the enforcement of

an assignment of rents and the perfection and priority of a security interest in rents,

even if the document creating the assignment was signed and delivered before

August 1, 2013.

2. This chapter does not affect an action or proceeding commenced before August 1,

2013.

3. This chapter does not affect:

a. The enforceability of an assignee's security interest in rents or proceeds if

immediately before August 1, 2013, that security interest was enforceable;

b. The perfection of an assignee's security interest in rents or proceeds if

immediately before August 1, 2013, that security interest was perfected; or

c. The priority of an assignee's security interest in rents or proceeds with respect to

the interest of another person if immediately before August 1, 2013, the interest of

the other person was enforceable and perfected, and that priority was

established.
N.D. Cent. Code § 47-18-23 — ND Code / Title 47 / Chapter 47-18 / Section 47-18-23
47-18-23. Requisites of a petition in case of mental illness
Status: in_force

47-18-23. Requisites of a petition in case of mental illness

An application in connection with the mental illness of the husband or wife of the owner of a

homestead for an order permitting the sale, conveyance, lease, including oil and gas leases, or

mortgage of the homestead by the owner, shall be made by a petition to the court subscribed

and sworn to by the applicant, setting forth:

1. The name and age of the mentally ill husband or wife.

2. The number, age, and sex of the children of such husband or wife.

3. A description of the premises constituting the homestead.

4. The value of the homestead.

5. The county in which the homestead is situated.

6. Such facts, in addition to that of the mental illness of the husband or wife, relating to

the circumstances or necessities of the applicant and the applicant's family as the

applicant may rely upon in support of the petition.
N.D. Cent. Code § 47-34-02 — ND Code / Title 47 / Chapter 47-34 / Section 47-34-02
47-34-02. Real estate transaction disbursements
Status: in_force

47-34-02. Real estate transaction disbursements

A closing agent may not make disbursements from an escrow account in connection with a

real estate transaction unless funds that are received are good funds.
N.D. Cent. Code § 47-19-17 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-17
47-19-17. Acknowledgment and proof before commissioned officer of armed forces - Conditions
Status: repealed

47-19-17. Acknowledgment and proof before commissioned officer of armed forces -

Conditions.

Repealed by S.L. 1971, ch. 453, § 10.
N.D. Cent. Code § 47-02-19 — ND Code / Title 47 / Chapter 47-02 / Section 47-02-19
47-02-19. Posthumous heir
Status: in_force

47-02-19. Posthumous heir

When a future interest is limited to successors, heirs, issue, or children, posthumous

children are entitled to take in the same manner as if living at the death of their parent.
N.D. Cent. Code § 47-19-28.1 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-28.1
47-19-28.1. Certificate of acknowledgment executed by a limited liability company
Status: in_force

47-19-28.1. Certificate of acknowledgment executed by a limited liability company

The certificate of acknowledgment of an instrument executed by a limited liability company

must be substantially in the following form:

STATE OF NORTH DAKOTA)

County of ___________ )

On this ______ day of __________, in the year _________ before me (here insert the

name and quality of the manager), personally appeared _____________, known to me (or

proved to me on oath of __________) to be the president (or other manager or person) of

the limited liability company that is described in and that executed the within instrument,

and acknowledged to me that such limited liability company executed the same.
N.D. Cent. Code § 47-20.1-01 — ND Code / Title 47 / Chapter 47-20.1 / Section 47-20.1-01
47-20.1-01. Purpose
Status: in_force

47-20.1-01. Purpose

It is the purpose of this chapter to protect and perpetuate public land survey corners and

information concerning the location of such corners by requiring the systematic establishment of

monuments and recording of information concerning the marking of the location of such public

land survey corners and to allow the systematic location of other property corners, thereby

providing for property security and a coherent system of property location and identification of

ownerships, and thereby eliminating the repeated necessity for re-establishment and relocations

of such corners where once they were established and located, and, to authorize any registered

land surveyor to locate, erect, maintain, record and perpetuate landmarks, monuments, section

corners, quarter corners, meander lines or boundary lines heretofore or hereafter established.
N.D. Cent. Code § 47-04-04 — ND Code / Title 47 / Chapter 47-04 / Section 47-04-04
47-04-04. Estate in fee defined
Status: in_force

47-04-04. Estate in fee defined

Every estate of inheritance is a fee, and every such estate, when not defeasible or

conditional, is a fee simple or an absolute fee.
N.D. Cent. Code § 47-09-16 — ND Code / Title 47 / Chapter 47-09 / Section 47-09-16
47-09-16. Transfer vests actual title - Thing includes incidents
Status: in_force

47-09-16. Transfer vests actual title - Thing includes incidents

A transfer vests in the transferee all the actual title to the thing transferred which the

transferor then has unless a different intention is expressed or is necessarily implied. It also

transfers all its incidents unless expressly excepted, but the transfer of an incident to a thing

does not transfer the thing itself.
N.D. Cent. Code § 47-15-08 — ND Code / Title 47 / Chapter 47-15 / Section 47-15-08
47-15-08. Expenses borne by hirer
Status: in_force

47-15-08. Expenses borne by hirer

A hirer of personal property must bear all such expenses concerning it as naturally might be

foreseen to attend it during its use by the hirer. All other expenses must be borne by the letter.
N.D. Cent. Code § 47-16-07 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-07
47-16-07. Leases - Notice by landlord to change terms - When effective
Status: in_force

47-16-07. Leases - Notice by landlord to change terms - When effective

In all leases of land or tenements, or of any interest therein, from month to month, the

landlord may change the terms of the lease to take effect at the expiration of the month upon

giving notice in writing at least thirty days before the expiration of the month. The notice, when

served upon the tenant, shall operate and be effectual to create and establish as a part of the

lease the terms, rent, and conditions specified in the notice, if the tenant shall continue to hold

the premises after the expiration of the month. For the purpose of this section, notice may be

served in any reasonable manner which actually informs the tenant of the changes in the terms

of the lease.
N.D. Cent. Code § 47-18-26 — ND Code / Title 47 / Chapter 47-18 / Section 47-18-26
47-18-26. Sale of homestead - Court may direct disposition of funds
Status: in_force

47-18-26. Sale of homestead - Court may direct disposition of funds

On granting an order authorizing a sale of homestead, the court may direct that a part of the

funds derived from such sale, not to exceed one-third thereof, be set aside, and may direct the

investment of such funds for the use and benefit of the mentally ill husband or wife. If such

husband or wife dies while mentally ill, the sum so set aside reverts to the surviving husband or

wife. If the mentally ill husband or wife survives, then such sum shall descend in accordance

with the laws of succession as provided in title 30.1.
N.D. Cent. Code § 47-02-33 — ND Code / Title 47 / Chapter 47-02 / Section 47-02-33
47-02-33. Rights of owner of life estate
Status: in_force

47-02-33. Rights of owner of life estate

The owner of a life estate may use the land in the same manner as the owner of a fee

simple, except that the owner of a life estate must do no act to the injury of the inheritance.
N.D. Cent. Code § 47-20.2-03 — ND Code / Title 47 / Chapter 47-20.2 / Section 47-20.2-03
47-20.2-03. North Dakota coordinate system defined
Status: in_force

47-20.2-03. North Dakota coordinate system defined

The plane coordinate values for a point on the earth's surface, used in expressing the

geographic position or location of such point in the appropriate zone of this system, shall consist

of two distances, expressed in United States survey feet [meters] and decimals of a foot [meter]

when using the North Dakota coordinate system of 1927. One of these distances, to be known

as the X-coordinate, shall give the position in an east-west direction; the other, to be known as

the Y-coordinate, shall give the position in a north-south direction. These coordinates shall be

made to depend upon and conform to plane rectangular coordinate values for the monumented

points of the North American horizontal geodetic control network as published by the national

ocean survey/national geodetic survey, or its successors, and the plane coordinates which have

been computed on the systems defined in this chapter. Any such station may be used for

establishing a survey connection to either North Dakota coordinate system. For the purposes of

converting coordinates of the North Dakota coordinate systems of 1983 and 2022 from meters

to feet, the international foot must be used. The conversion factor is: one foot equals 0.3048

meter exactly.
N.D. Cent. Code § 47-38-03 — ND Code / Title 47 / Chapter 47-38 / Section 47-38-03
47-38-03. Actions to terminate service agreements for unfairness - Unfair agreements void and unenforceable - Recording of court order
Status: in_force

47-38-03. Actions to terminate service agreements for unfairness - Unfair agreements

void and unenforceable - Recording of court order.

1. A person claiming to be subject to an unfair service agreement under this chapter may

bring an action to terminate the agreement in the district court of the county in which

the property is situated.

2. If a service agreement is found to be unfair under this chapter:

a. The agreement is void; and

b. A certified copy of the court order finding the service agreement void must be filed

for recording along with a copy or memorandum of the original service agreement

if the original service agreement is not of record.
N.D. Cent. Code § 47-30.2-33 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-33
47-30.2-33. (604) Effect of payment or delivery of property to administrator
Status: in_force

47-30.2-33. (604) Effect of payment or delivery of property to administrator

1. On payment or delivery of property to the administrator under this chapter, the

administrator as agent for the state assumes custody and responsibility for

safekeeping the property. A holder that pays or delivers property in full to the

administrator in good faith and substantially complies with sections 47-30.2-26 and

47-30.2-27 is relieved of liability to the extent of the value of the property paid or

delivered for any claim arising after the payment or delivery with respect to payment or

delivery of that property to the administrator.

2. To the extent of the value of property paid or delivered as measured on the date of

delivery, this state shall defend and indemnify a holder against liability on a claim

against the holder resulting from the payment or delivery of property to the

administrator made in good faith and after the holder substantially complied with

sections 47-30.2-26 and 47-30.2-27.
N.D. Cent. Code § 47-22-06 — ND Code / Title 47 / Chapter 47-22 / Section 47-22-06
47-22-06. Assignment
Status: in_force

47-22-06. Assignment

Any mark and its registration hereunder shall be assignable with the goodwill of the

business in which the mark is used, or with that part of the goodwill of the business connected

with the use of and symbolized by the mark. Assignment must be made by the assignor on

forms provided by the secretary of state setting forth the name and business address of the

assignor and the assignee, the mark certificate number, and the class or classes of goods or

services on which the mark will appear. The assignment must be filed by the secretary of state

upon the payment of a fee of thirty dollars payable to the secretary of state who, upon recording

of the assignment, shall issue in the name of the assignee a new certificate for the remainder of

the term of the registration or of the last renewal thereof. An assignment of any registration

under this chapter is void as against any subsequent purchaser for valuable consideration

without notice unless it is recorded with the secretary of state within three months after the date

thereof or prior to such subsequent purchase.
N.D. Cent. Code § 47-19.1-05 — ND Code / Title 47 / Chapter 47-19.1 / Section 47-19.1-05
47-19.1-05. Where notice filed - Contents
Status: in_force

47-19.1-05. Where notice filed - Contents

The claim referred to in sections 47-19.1-03 and 47-19.1-04 shall be filed in each county

where the claimed real estate, or any part thereof, is located, and must set forth the legal

description of the real estate affected by such claim together with a statement of the nature of

the claim, charge, or interest asserted. The description shall be set forth in particular terms and

not by general inclusion.
N.D. Cent. Code § 47-12-11 — ND Code / Title 47 / Chapter 47-12 / Section 47-12-11
47-12-11. Return of property on demand of lender
Status: in_force

47-12-11. Return of property on demand of lender

The lender of personal property for use may require its return at any time even though the

lender lent it for a specified time or purpose. If, on the faith of such an agreement, the borrower

has made such arrangements that a return of the property before the time agreed upon would

cause the borrower loss exceeding the benefit derived by the borrower from the loan, the lender

shall indemnify the borrower for such loss if the lender compels such return and the borrower

has not violated the borrower's duty in any manner.
N.D. Cent. Code § 47-10-17 — ND Code / Title 47 / Chapter 47-10 / Section 47-10-17
47-10-17. Encumbrances defined
Status: in_force

47-10-17. Encumbrances defined

The term encumbrances includes taxes, assessments, and all liens upon real property.
N.D. Cent. Code § 47-24.1-05 — ND Code / Title 47 / Chapter 47-24.1 / Section 47-24.1-05
47-24.1-05. Transfer authorized by will or trust
Status: in_force

47-24.1-05. Transfer authorized by will or trust

1. A personal representative or trustee may make an irrevocable transfer pursuant to

section 47-24.1-09 to a custodian for the benefit of a minor as authorized in the

governing will or trust.

2. If the testator or settlor has nominated a custodian under section 47-24.1-03 to receive

the custodial property, the transfer must be made to that person.

3. If the testator or settlor has not nominated a custodian under section 47-24.1-03, or all

persons so nominated as custodian die before the transfer or are unable, decline, or

are ineligible to serve, the personal representative or the trustee, as the case may be,

shall designate the custodian from among those eligible to serve as custodian for

property of that kind under subsection 1 of section 47-24.1-09.
N.D. Cent. Code § 47-02-02 — ND Code / Title 47 / Chapter 47-02 / Section 47-02-02
47-02-02. Absolute ownership defined
Status: in_force

47-02-02. Absolute ownership defined

The ownership of property is absolute when a single person has the absolute dominion over

it and may use it or dispose of it according to that person's pleasure, subject only to general

laws.
N.D. Cent. Code § 47-16-36 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-36
47-16-36. Duty of lessee to have terminated or forfeited lease released - Publication notice - Satisfaction of lease to be recorded - Notice to real property owner - Remedies
Status: in_force

47-16-36. Duty of lessee to have terminated or forfeited lease released - Publication

notice - Satisfaction of lease to be recorded - Notice to real property owner - Remedies.

When any oil, gas, or other mineral lease given on real property situated in any county of

North Dakota and recorded therein terminates or is forfeited it is the duty of the lessee, the

lessee's successors or assigns, within fifteen days after the date of the termination or forfeiture

of any lease, to have the lease surrendered in writing, the surrender to be signed by the party

making the same, acknowledged, and placed on record in the county where the leased real

property is situated without cost to the owner thereof. If the lessee, the lessee's successors or

assigns, fails or neglects to execute and record the surrender within the time provided for, then

the owner of the real property may serve upon the lessee, the lessee's successors or assigns of

record, in person or by registered or certified mail, at the lessee's last-known address, or if the

post-office address is not shown of record then by publication once a week for three

consecutive weeks in a newspaper of general circulation in the county where the real property is

situated, a notice in writing in substantially the following form:

To ______________: I, the undersigned, owner of the following described land

situated in _____________ County, North Dakota: (description of land) upon which a lease

dated ______________, ______, was given to __________ notify you that the lease has

terminated or become forfeited by breach of the terms thereof, that I elect to declare and do

declare the lease forfeited and void and that, unless you do, within twenty days from this

date, notify the recorder of the county as provided by law that the lease has not been

forfeited, I will file with the recorder a satisfaction of lease as provided by law, and I demand

that you execute or have executed a proper surrender of the lease and that you put the

same of record in the office of the recorder of the county within twenty days from this date.

Dated ______________, ______.

_____________________________

The owner of the real property may after twenty days from the date of service, registration,

or first publication of the notice, file with the recorder of the county where the real property is

situated a satisfaction of lease setting forth that the affiant is the owner of the real property, that

the lease has terminated or that the lessee, or the lessee's successors or assigns, has failed or

neglected to comply with the terms of the lease, reciting the facts constituting the failure and

that the same has been forfeited and is void, and setting out in satisfaction of lease a copy of

the notice served, as above provided and the manner and time of the service thereof. If the

lessee, the lessee's successors or assigns, gives notice in writing within twenty days after

service to the recorder of the county where the real property is located that the lease has not

been forfeited and that the lessee, the lessee's successors or assigns, still claim that the lease

is in full force and effect, then the satisfaction of lease may not be recorded but the recorders

shall notify the owner of the real property of the action of the lessee, the lessee's successors or

assigns, and the owner of the real property is entitled to the remedies now provided by law for

the cancellation of the disputed lease. If the lessee, the lessee's successors or assigns, fails to

notify the recorder, as above provided, then the recorder shall record the satisfaction of lease

and thereafter the record of the lease is not notice to the public of the existence of the lease or

of any interest therein, or rights thereunder, and the record may not be received in evidence in

any court of the state on behalf of the lessee, the lessee's successors or assigns, against the

lessor, the lessor's successors or assigns.
N.D. Cent. Code § 47-01-07 — ND Code / Title 47 / Chapter 47-01 / Section 47-01-07
47-01-07. Personal property defined
Status: in_force

47-01-07. Personal property defined

Personal property shall mean and include every kind of property that is not real.
N.D. Cent. Code § 47-09-14 — ND Code / Title 47 / Chapter 47-09 / Section 47-09-14
47-09-14. Without issue defined
Status: in_force

47-09-14. Without issue defined

When a future interest is limited by a grant to take effect on the death of any person without

heirs, or heirs of the person's body, without issue, or in equivalent words, such words must be

taken to mean successors or issue living at the death of the person named as ancestor.
N.D. Cent. Code § 47-33-05 — ND Code / Title 47 / Chapter 47-33 / Section 47-33-05
47-33-05. Notice requirements for existing transfer fee obligations
Status: in_force

47-33-05. Notice requirements for existing transfer fee obligations

1. For a private transfer fee obligation imposed before August 1, 2011, the receiver of the

fee shall record, before December 31, 2011, against the real property subject to the

private transfer fee obligation a separate document in the county records in which the

real property is located that meets all of the following requirements:

a. The title of the document must be "Notice of Private Transfer Fee Obligation" in at

least fourteen-point boldfaced type;

b. The amount, if the fee is a flat amount, or the percentage of the sales price

constituting the cost of the transfer fee, or the other basis by which the transfer

fee is to be calculated;

c. If the real property is residential property, actual dollar-cost examples of the

transfer fee for a home priced at one hundred thousand dollars, two hundred fifty

thousand dollars, and five hundred thousand dollars;

d. The date or circumstances under which the private transfer fee obligation expires,

if any;

e. The purpose for which the funds from the private transfer fee obligation will be

used;

f. The name of the person to which funds are to be paid and specific contact

information regarding where the funds are to be sent;

g. The acknowledged signature of the payee; and

h. The legal description of the real property burdened by the private transfer fee

obligation.

2. The person to which the transfer fee is to be paid may file an amendment to the notice

of transfer fee containing new contact information, but the amendment must contain

the recording information of the notice of transfer fee which it amends and the legal

description of the property burdened by the private transfer fee obligation.

3. If the payee fails to comply fully with subsection 1, the grantor of any real property

burdened by the private transfer fee obligation may proceed with the conveyance of

any interest in the real property to any grantee and is deemed to have acted in good

faith and is not subject to any obligations under the private transfer fee obligation. In

this event, the real property is conveyed free and clear of the transfer fee and private

transfer fee obligation.

4. If the payee fails to provide a written statement of the transfer fee payable within thirty

days of the date of a written request for the same sent to the address shown in the

notice of transfer fee, then the grantor, on recording of the affidavit required under

subsection 5, may convey any interest in the real property to any grantee without

payment of the transfer fee and is not subject to any further obligations under the

private transfer fee obligation. In this event, the real property is conveyed free and

clear of the transfer fee and private transfer fee obligation.

5. An affidavit stating the facts enumerated under subsection 6 must be recorded in the

office of the county recorder in the county in which the real property is situated before

or simultaneously with a conveyance under subsection 4 of real property unburdened

by a private transfer fee obligation. An affidavit filed under this subsection must state

that the affiant has actual knowledge of, and is competent to testify to, the facts in the

affidavit and must include the legal description of the real property burdened by the

private transfer fee obligation, the name of the person appearing by the record to be

the owner of such real property at the time of the signing of the affidavit, a reference

by recording information to the instrument of record containing the private transfer fee

obligation, and an acknowledgment that the affiant is testifying under penalty of

perjury.

6. When recorded, an affidavit as described in subsection 5 constitutes prima facie

evidence that:

a. A request for the written statement of the transfer fee payable in order to obtain a

release of the fee imposed by the private transfer fee obligation was sent to the

address shown in the notification; and

b. The person listed on the notice of transfer fee failed to provide the written

statement of the transfer fee payable within thirty days of the date of the notice

sent to the address shown in the notification.
N.D. Cent. Code § 47-13-03 — ND Code / Title 47 / Chapter 47-13 / Section 47-13-03
47-13-03. Title transferred to borrower
Status: in_force

47-13-03. Title transferred to borrower

By a loan for exchange, the title to the thing lent is transferred to the borrower, and the

borrower must bear all the expenses in connection therewith and is entitled to all the increase

thereof.
N.D. Cent. Code § 47-30.2-64 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-64
47-30.2-64. (1203) Action involving another state or foreign country
Status: in_force

47-30.2-64. (1203) Action involving another state or foreign country

1. The administrator may join another state or foreign country to examine and seek

enforcement of this chapter against a putative holder.

2. The board may pursue an action on behalf of this state to recover property subject to

this chapter but delivered to the custody of another state if the administrator believes

the property is subject to the custody of the administrator.

3. The board may retain an attorney in this state, another state, or a foreign country to

commence an action to recover property on behalf of the board and may agree to pay

attorney's fees based in whole or in part on a fixed fee, hourly fee, or a percentage of

the amount or value of property recovered in the action.

4. Expenses incurred by this state in an action under this section must be paid in

accordance with section 47-30.2-46.
N.D. Cent. Code § 47-24.1-02 — ND Code / Title 47 / Chapter 47-24.1 / Section 47-24.1-02
47-24.1-02. Scope and jurisdiction
Status: in_force

47-24.1-02. Scope and jurisdiction

1. This chapter applies to a transfer that refers to this chapter in the designation under

subsection 1 of section 47-24.1-09 by which the transfer is made if at the time of the

transfer, the transferor, the minor, or the custodian is a resident of this state or the

custodial property is located in this state. The custodianship so created remains

subject to this chapter despite a subsequent change in residence of a transferor, the

minor, or the custodian, or the removal of custodial property from this state.

2. A person designated as custodian under this chapter is subject to personal jurisdiction

in this state with respect to any matter relating to the custodianship.

3. A transfer that purports to be made and which is valid under the Uniform Transfers to

Minors Act, the Uniform Gifts to Minors Act, or a substantially similar Act, of another

state is governed by the law of the designated state and may be executed and is

enforceable in this state if at the time of the transfer, the transferor, the minor, or the

custodian is a resident of the designated state or the custodial property is located in

the designated state.
N.D. Cent. Code § 47-10-09 — ND Code / Title 47 / Chapter 47-10 / Section 47-10-09
47-10-09. Grant valid pro tanto
Status: in_force

47-10-09. Grant valid pro tanto

A grant made by the owner of an estate for life or years, purporting to transfer a greater

estate than the owner could transfer lawfully, does not work a forfeiture of the owner's estate but

passes to the grantee all the estate which the grantor could lawfully transfer.
N.D. Cent. Code § 47-18-16 — ND Code / Title 47 / Chapter 47-18 / Section 47-18-16
47-18-16. Proceeds of sale exempt
Status: in_force

47-18-16. Proceeds of sale exempt

If a homestead is conveyed as provided in section 47-18-05 or sold for the satisfaction of

any lien mentioned in section 47-18-04, the price thereof or the proceeds of the sale beyond the

amount necessary to satisfy such lien, and not exceeding in either case the amount of the

homestead exemption, for a period of one year from the date of the conveyance, is entitled

thereafter to the same protection against legal process as the law gives to the homestead.
N.D. Cent. Code § 47-04-19 — ND Code / Title 47 / Chapter 47-04 / Section 47-04-19
47-04-19. Remainder limited on contingency
Status: in_force

47-04-19. Remainder limited on contingency

A remainder may be limited on a contingency which, in case it should happen, will operate

to abridge or determine the precedent estate. Every such remainder shall be deemed a

conditional limitation.
N.D. Cent. Code § 47-06-06 — ND Code / Title 47 / Chapter 47-06 / Section 47-06-06
47-06-06. Avulsion - Title - Reclamation by original owner - Limitations
Status: in_force

47-06-06. Avulsion - Title - Reclamation by original owner - Limitations

If a river or stream, navigable or not navigable, carries away by sudden violence a

considerable and distinguishable part of a bank and bears it to the opposite bank or to another

part of the same bank, the owner of the part carried away may reclaim it within a year after the

owner of the land to which it has been united takes possession thereof.
N.D. Cent. Code § 47-19-26 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-26
47-19-26. Certificate of acknowledgment - Forms
Status: in_force

47-19-26. Certificate of acknowledgment - Forms

An officer taking an acknowledgment of an instrument within this state must endorse on, or

attach to, the instrument a certificate substantially in the forms prescribed in sections 47-19-27,

47-19-28, 47-19-29, and 47-19-30 or in subsections 1 and 2 of section 44-06.1-19.
N.D. Cent. Code § 47-03-05 — ND Code / Title 47 / Chapter 47-03 / Section 47-03-05
47-03-05. Accumulation beyond minority of beneficiaries - Direction void
Status: repealed

47-03-05. Accumulation beyond minority of beneficiaries - Direction void

Repealed by S.L. 1959, ch. 330, § 1.
N.D. Cent. Code § 47-04.1-09 — ND Code / Title 47 / Chapter 47-04.1 / Section 47-04.1-09
47-04.1-09. Partition not available - Exceptions
Status: in_force

47-04.1-09. Partition not available - Exceptions

The provisions of chapter 32-16 relating to partition of real property shall not be available to

any owner of any interest in real property included within a project established under this

chapter as against any other owner or owners of any interest or interests in the same project, so

as to terminate the project.

An action may be brought by one or more unit owners in a project for partition thereof by

sale of the entire project, as if the owners of all of the condominiums in such project were

tenants-in-common in the entire project in the same proportion as their interest in the common

areas, provided, however, that a partition by sale shall be made only upon the showing that:

1. Three years after damage or destruction to the project which renders a material part

thereof unfit for its prior intended use, the project has not been rebuilt or repaired

substantially to its state prior to its damage or destruction;

2. All or a substantial and material portion of the project has been destroyed or

substantially damaged, and that condominium owners holding in aggregate more than

fifty percent interest in the common areas are opposed to repair or restoration of the

project; or

3. The project is obsolete and uneconomic, and that condominium owners holding in

aggregate more than a fifty percent interest in the common areas are opposed to

repair or restoration of the project.
N.D. Cent. Code § 47-02-27.1 — ND Code / Title 47 / Chapter 47-02 / Section 47-02-27.1
47-02-27.1. Statutory rule against perpetuities - Invalidity of certain contingent property interests, general powers of appointment, special powers of appointment, and general testamentary powers of appointment
Status: in_force

47-02-27.1. Statutory rule against perpetuities - Invalidity of certain contingent

property interests, general powers of appointment, special powers of appointment, and

general testamentary powers of appointment.

1. A contingent property interest is invalid unless:

a. When the interest is created, it is certain to vest or terminate no later than

twenty-one years after the death of an individual then alive; or

b. The interest either vests or terminates within ninety years after its creation.

2. A general power of appointment not presently exercisable because of a condition

precedent is invalid unless:

a. When the power is created, the condition precedent is certain to be satisfied or to

become impossible to satisfy no later than twenty-one years after the death of an

individual then alive; or

b. The condition precedent either is satisfied or becomes impossible to satisfy within

ninety years after its creation.

3. A special power of appointment or a general testamentary power of appointment is

invalid unless:

a. When the power is created, it is certain to be irrevocably exercised or otherwise

to terminate no later than twenty-one years after the death of an individual then

alive; or

b. The power is irrevocably exercised or otherwise terminates within ninety years

after its creation.

4. In determining whether a contingent property interest or a power of appointment is

valid under subdivision a of subsection 1, subdivision a of subsection 2, or subdivision

a of subsection 3, the possibility that a child will be born to an individual after the

individual's death is disregarded.

5. If, in measuring a period from the creation of a trust or other property arrangement,

language in a governing instrument seeks to disallow the vesting or termination of any

interest or trust beyond, seeks to postpone the vesting or termination of any interest or

trust until, or seeks to operate in effect in any similar fashion upon, the later of the

expiration of a period of time not exceeding twenty-one years after the death of the

survivor of specified lives in being at the creation of the trust or other property

arrangement or the expiration of a period of time that exceeds or might exceed

twenty-one years after the death of the survivor of lives in being at the creation of the

trust or other property arrangement, that language is inoperative to the extent it

produces a period of time that exceeds twenty-one years after the death of the

survivor of the specified lives.
N.D. Cent. Code § 47-30.2-45 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-45
47-30.2-45. (802) Administrator to retain records of property
Status: in_force

47-30.2-45. (802) Administrator to retain records of property

The administrator shall:

1. Record and retain the name and last-known address of each person shown on a

report filed under section 47-30.2-21 to be the apparent owner of property delivered to

the administrator;

2. Record and retain the name and last-known address of each insured or annuitant and

beneficiary shown on the report;

3. For each policy of insurance or annuity contract listed in the report of an insurance

company, record and retain the policy or account number, the name of the company,

and the amount due or paid; and

4. For each apparent owner listed in the report, record and retain the name of the holder

that filed the report and the amount due or paid.
N.D. Cent. Code § 47-30.2-55 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-55
47-30.2-55. (1002) Examination of records to determine compliance
Status: in_force

47-30.2-55. (1002) Examination of records to determine compliance

The administrator, at reasonable times and on reasonable notice, may:

1. Examine the records of a person, including examination of appropriate records in the

possession of an agent of the person under examination, if the records are reasonably

necessary to determine whether the person has complied with this chapter;

2. Issue an administrative subpoena requiring the person or agent of the person to make

records available for examination;

3. Bring an action seeking judicial enforcement of the subpoena; and

4. Authorize a holder to voluntarily disclose property subject to this chapter.
N.D. Cent. Code § 47-25.1-07 — ND Code / Title 47 / Chapter 47-25.1 / Section 47-25.1-07
47-25.1-07. Effect on other law
Status: in_force

47-25.1-07. Effect on other law

1. Except as provided in subsection 2, this chapter displaces conflicting tort,

restitutionary, and other law of this state providing civil remedies for misappropriation

of a trade secret.

2. This chapter does not affect:

a. Contractual remedies, whether or not based upon misappropriation of a trade

secret;

b. Other civil remedies that are not based upon misappropriation of a trade secret;

or

c. Criminal remedies, whether or not based upon misappropriation of a trade secret.
N.D. Cent. Code § 47-04.1-11 — ND Code / Title 47 / Chapter 47-04.1 / Section 47-04.1-11
47-04.1-11. Liens against units for common expenses - Removal from lien - Effect of part payment
Status: in_force

47-04.1-11. Liens against units for common expenses - Removal from lien - Effect of

part payment.

A reasonable assessment for common expenses made by the administrative body upon any

condominium and made in accordance with the recorded declaration and bylaws shall be a debt

of the owner thereof at the time the assessment is made. The amount of any such assessment

plus any other charges thereon, such as interest, costs, and penalties, as such may be provided

for in the declarations and bylaws, shall be and become a lien upon the condominium assessed

when the administrative body causes such assessment to be recorded in the office of the

recorder for the county in which such condominium is located. The notice of assessment shall

state the amount of such assessment and other charges and the name of the record owner

thereof. Such notice shall be signed by an authorized representative of the administrative body

or as otherwise provided in the declarations and bylaws. Upon payment of said assessment and

charges in connection with which such notice has been so recorded, or other satisfaction

thereof, the administrative body shall cause a notice to be recorded stating the satisfaction and

the release of the lien thereof.
N.D. Cent. Code § 47-16-10 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-10
47-16-10. Injuries to real property - Must be repaired by lessee
Status: in_force

47-16-10. Injuries to real property - Must be repaired by lessee

The lessee of real property must repair all deteriorations or injuries thereto occasioned by

the lessee's ordinary negligence.
N.D. Cent. Code § 47-36-15 — ND Code / Title 47 / Chapter 47-36 / Section 47-36-15
47-36-15. Custodian compliance and immunity
Status: in_force

47-36-15. Custodian compliance and immunity

1. Not later than sixty days after receipt of the information required under

sections 47-36-06 through 47-36-14, a custodian shall comply with a request under

this chapter from a fiduciary or designated recipient to disclose digital assets or

terminate an account. If the custodian fails to comply, the fiduciary or designated

recipient may apply to the court for an order directing compliance.

2. An order under subsection 1 directing compliance must contain a finding that

compliance is not in violation of 18 U.S.C. 2702.

3. A custodian may notify the user that a request for disclosure or to terminate an

account was made under this chapter.

4. A custodian may deny a request under this chapter from a fiduciary or designated

recipient for disclosure of digital assets or to terminate an account if the custodian is

aware of any lawful access to the account following the receipt of the fiduciary's

request.

5. This chapter does not limit a custodian's ability to obtain or require a fiduciary or

designated recipient requesting disclosure or termination under this chapter to obtain a

court order that:

a. Specifies an account belongs to the protected person or principal;

b. Specifies there is sufficient consent from the protected person or principal to

support the requested disclosure; and

c. Contains a finding required by law other than this chapter.

6. A custodian and its officers, employees, and agents are immune from liability for an act

or omission done in good faith in compliance with this chapter.
N.D. Cent. Code § 47-15.1-01 — ND Code / Title 47 / Chapter 47-15.1 / Section 47-15.1-01
47-15.1-01. Definitions
Status: in_force

47-15.1-01. Definitions

As used in this chapter, unless the context or subject matter otherwise requires:

1. "Advertisement" means a commercial message in any medium that aids, promotes, or

assists a consumer rental purchase agreement.

2. "Cash price" means the price at which the lessor would have sold the property to the

consumer for cash on the date of the consumer rental purchase agreement for the

property.

3. "Consumer" means an individual who rents property under a consumer rental

purchase agreement.

4. "Consumer rental purchase agreement" includes an agreement for the use of property

by a consumer primarily for personal, family, or household purposes for an initial

period of four months or less, regardless of whether there is any obligation beyond the

initial period; which is automatically renewable with each payment after the initial

period but does not obligate or require the consumer to continue renting or using the

property beyond the initial period, and which permits the consumer to become the

owner of the property under the terms of the consumer rental purchase agreement.

The term does not include:

a. A rental purchase agreement primarily for business, commercial, or agricultural

purposes, or an agreement with a governmental agency or instrumentality or

organizations.

b. A lease or agreement that constitutes an installment sale or installment contract

as defined in section 51-13-01.

c. A lease of a safe deposit box.

d. A lease or a bailment of personal property incidental to the lease of real property

and which contains no provision for the consumer to have an option to purchase

the leased property.

e. A lease of a motor vehicle.

f. A hiring defined under chapter 47-15.

g. A security interest under chapter 41-09.

5. "Consummation" means the time at which a consumer becomes contractually

obligated on a consumer rental purchase agreement.

6. "Lessor" includes a person who regularly provides the use of property through

consumer rental purchase agreements and to whom rental payments are initially

payable on the face of a consumer rental purchase agreement.
N.D. Cent. Code § 47-10-02.1 — ND Code / Title 47 / Chapter 47-10 / Section 47-10-02.1
47-10-02.1. Property disclosure - Requirements - Exceptions
Status: in_force

47-10-02.1. Property disclosure - Requirements - Exceptions

1. Unless the transaction is exempted under subsection 7, this section applies to a

transaction for the sale, exchange, or purchase of real property if:

a. A real estate broker, real estate broker associate, or real estate salesperson who

is associated with a real estate brokerage firm represents or assists a party to the

transaction; and

b. The real property is a residential dwelling with no more than four units located in

this state being sold or exchanged by the owner.

2. Except as otherwise provided in an offer to purchase agreement, before the parties

sign the final acceptance of the purchase agreement for the sale, exchange, or

purchase of the real property, the seller in a transaction subject to subsection 1 shall

prepare a written disclosure form and shall make the written disclosure form available

to the prospective buyer. The written disclosure form must include all material facts the

seller is aware could adversely and significantly affect an ordinary buyer's use and

enjoyment of the property or any intended use of the property of which the seller is

aware. The written disclosure form must be in the form of the written disclosure form

established by the North Dakota real estate commission under subsection 4 or in a

substantially similar form and must include latent defects, general condition,

environmental issues, structural systems, and mechanical issues regarding the

property. The seller shall complete the written disclosure in good faith and based upon

the best of the seller's knowledge at the time of the disclosure.

3. If a real estate broker, real estate broker associate, or real estate salesperson who is

associated with a real estate brokerage firm represents or assists a party to the

transaction, following the sale, exchange, or purchase of real property, the brokerage

firm shall retain a copy of the written disclosure completed and signed by the seller

and signed by the prospective buyer. The brokerage firm's duties under this section do

not supersede any other common law or statutory duties.

4. The North Dakota real estate commission shall establish and make available a written

disclosure form meeting the requirements of this section. In establishing the form, the

commission shall consult with stakeholders, such as professional organizations.

5. If a real estate broker, real estate broker associate, or real estate salesperson who is

associated with a real estate brokerage firm violates this section, the state real estate

commission may investigate and take disciplinary action under section 43-23-11.1.

6. Unless the transaction is subject to subsection 1 or exempted under subsection 7, the

seller of real property that is a residential dwelling with no more than four units located

in this state being sold or exchanged by the owner shall comply with the provisions of

this subsection. Except as otherwise provided in an offer to purchase agreement,

before the parties sign the final acceptance of the purchase agreement for the sale,

exchange, or purchase of the real property, the seller in a transaction subject to this

subsection shall disclose to the buyer, in writing, all material facts the seller is aware

could adversely and significantly affect an ordinary buyer's use and enjoyment of the

property or any intended use of the property of which the seller is aware. The written

disclosure may be in the form of a written property disclosure form.

7. This section does not apply to transactions for the sale, exchange, or purchase of real

property made:

a. Pursuant to a court order;

b. Between government agencies;

c. By a mortgagor in default to a mortgagee;

d. Pursuant to a foreclosure sale;

e. By a mortgagee or a beneficiary of a deed of trust who acquired the real property

by a:

(1) Foreclosure;

(2) Deed in lieu of foreclosure; or

(3) Collateral assignment of beneficial interest;

f. By a fiduciary administering a decedent's estate, guardianship, conservatorship,

or trust;

g. Between co-owners of the real property;

h. To a spouse, child, parent, sibling, grandchild, or grandparent; or

i. If the real property is newly constructed residential real property with no previous

occupancy.
N.D. Cent. Code § 47-19-49 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-49
47-19-49. Cancellation of registered name
Status: in_force

47-19-49. Cancellation of registered name

Whenever any owner of a registered farm, or the owner's heirs, executors, or

administrators, desires to cancel the registered name thereof, it shall be accomplished in the

same manner as is provided for cancellation of real estate mortgages.
N.D. Cent. Code § 47-19-39 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-39
47-19-39. Action to prove certificate of acknowledgment
Status: in_force

47-19-39. Action to prove certificate of acknowledgment

Any person interested under an instrument entitled to be proved for record may institute an

action in the district court against the proper parties to obtain a judgment proving such

instrument.
N.D. Cent. Code § 47-20.1-03 — ND Code / Title 47 / Chapter 47-20.1 / Section 47-20.1-03
47-20.1-03. Filing of corner record required
Status: in_force

47-20.1-03. Filing of corner record required

A surveyor shall complete, sign, stamp with the surveyor's seal and file with the recorder of

the county where the corner is situated a written record of corner establishment or restoration to

be known as a "corner record" for every public land survey corner and accessory to such corner

which is established, re-established, monumented, remonumented, restored, rehabilitated,

perpetuated, or used as control in any survey by such surveyor, and within ninety days

thereafter, unless the corner and its accessories are substantially as described in an existing

corner record filed in accord with the provisions of this chapter.
N.D. Cent. Code § 47-16-38 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-38
47-16-38. Surrender of lease by lessee
Status: in_force

47-16-38. Surrender of lease by lessee

Any oil and gas or mining lease that has been or may hereafter be recorded in the office of

the recorder of any county may be discharged and canceled of record by the recording of a

certificate of cancellation signed by the lessee or the lessee's assigns of record, or the lessee's

duly authorized attorney in fact or personal representative, including a foreign executor or

administrator, or a corporation or limited liability company by its duly authorized officers or

managers surrendering all of the lessee's right, title, and interest in and to said lease, which

certificate shall be acknowledged as prescribed by law.
N.D. Cent. Code § 47-09-13 — ND Code / Title 47 / Chapter 47-09 / Section 47-09-13
47-09-13. Grant shall be interpreted in favor of grantee - Exceptions
Status: in_force

47-09-13. Grant shall be interpreted in favor of grantee - Exceptions

A grant shall be interpreted in favor of the grantee, except that a reservation in any grant,

and every grant by a public officer or body, as such, to a private party, is to be interpreted in

favor of the grantor.
N.D. Cent. Code § 47-35-02 — ND Code / Title 47 / Chapter 47-35 / Section 47-35-02
47-35-02. Cash proceeds - Priority
Status: in_force

47-35-02. Cash proceeds - Priority

1. An assignee's security interest in identifiable cash proceeds is perfected if its security

interest in rents is perfected. An assignee's security interest in identifiable noncash

proceeds is perfected only if the assignee perfects that interest in accordance with

2. Except as otherwise provided in subsection 3, priority between an assignee's security

interest in identifiable proceeds and a conflicting interest is governed by the priority

rules in chapter 41-09.

3. An assignee's perfected security interest in identifiable cash proceeds is subordinate

to a conflicting interest that is perfected by control under chapter 41-09 but has priority

over a conflicting interest that is perfected other than by control.
N.D. Cent. Code § 47-14-02 — ND Code / Title 47 / Chapter 47-14 / Section 47-14-02
47-14-02. Repayment in current funds
Status: in_force

47-14-02. Repayment in current funds

A borrower of money must pay the amount due in such money as is current at the time

when the loan becomes due, whether such money is worth more or less than the actual money

lent.
N.D. Cent. Code § 47-16-33 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-33
47-16-33. Notice of cancellation issued by recorder upon filing application
Status: repealed

47-16-33. Notice of cancellation issued by recorder upon filing application

Repealed by S.L. 1953, ch. 277, § 4.
N.D. Cent. Code § 47-19-14.2 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-14.2
47-19-14.2. Authentication of authority of officer
Status: repealed

47-19-14.2. Authentication of authority of officer

Repealed by S.L. 2011, ch. 334, § 6.
N.D. Cent. Code § 47-30.2-18 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-18
47-30.2-18. (304) Holder domiciled in this state
Status: in_force

47-30.2-18. (304) Holder domiciled in this state

1. Except as in subsection 2 or section 47-30.2-16 or 47-30.2-17, the administrator may

take custody of property presumed abandoned, whether located in this state, another

state, or a foreign country, if the holder is domiciled in this state or is this state or a

political subdivision, agency, or instrumentality of this state; and

a. Another state or foreign country is not entitled to the property because there is no

last-known address of the apparent owner or other person entitled to the property

in the records of the holder; or

b. The state or foreign country of the last-known address of the apparent owner or

other person entitled to the property does not provide for custodial taking of the

property.

2. Property is not subject to custody of the administrator under subsection 1 if the

property is specifically exempt from custodial taking under the law of this state or the

state or foreign country of the last-known address of the apparent owner.

3. If a holder's state of domicile has changed since the time property was presumed

abandoned, the holder's state of domicile in this section is deemed to be the state

where the holder was domiciled at the time the property was presumed abandoned.
N.D. Cent. Code § 47-20.1-09 — ND Code / Title 47 / Chapter 47-20.1 / Section 47-20.1-09
47-20.1-09. Surveyor must rehabilitate monuments
Status: in_force

47-20.1-09. Surveyor must rehabilitate monuments

In every case where a corner record of a public land survey corner is required to be filed

under the provisions of this chapter, the surveyor must reconstruct or rehabilitate the monument

of such corner and accessories to such corner, so that the same shall be left by him in such

physical condition that it remains as permanent a monument as is reasonably possible and so

that the same may be reasonably expected to be located with facility at all times in the future.
N.D. Cent. Code § 47-03-02 — ND Code / Title 47 / Chapter 47-03 / Section 47-03-02
47-03-02. Income from future interests - Dispositions
Status: in_force

47-03-02. Income from future interests - Dispositions

Dispositions of the income of property to accrue and to be received at any time subsequent

to the execution of the instrument creating such dispositions are governed by the rules

prescribed in this title in relation to future interests.
N.D. Cent. Code § 47-24.1-12 — ND Code / Title 47 / Chapter 47-24.1 / Section 47-24.1-12
47-24.1-12. Care of custodial property
Status: in_force

47-24.1-12. Care of custodial property

1. A custodian shall:

a. Take control of custodial property;

b. Register or record title to custodial property if appropriate; and

c. Collect, hold, manage, invest, and reinvest custodial property.

2. In dealing with custodial property, a custodian shall observe the standard of care that

would be observed by a prudent person dealing with property of another and is not

limited by any other statute restricting investments by fiduciaries. If a custodian has a

special skill or expertise or is named custodian on the basis of representations of a

special skill or expertise, the custodian shall use that skill or expertise. However, a

custodian, in the custodian's discretion and without liability to the minor or the minor's

estate, may retain any custodial property received from a transferor.

3. A custodian may invest in or pay premiums on life insurance or endowment policies

on:

a. The life of the minor only if the minor or the minor's estate is the sole beneficiary;

or

b. The life of another person in whom the minor has an insurable interest only to the

extent that the minor, the minor's estate, or the custodian in the capacity of

custodian, is the irrevocable beneficiary.

4. A custodian at all times shall keep custodial property separate and distinct from all

other property in a manner sufficient to identify it clearly as custodial property of the

minor. Custodial property consisting of an undivided interest is so identified if the

minor's interest is held as a tenant in common and is fixed. Custodial property subject

to recordation is so identified if it is recorded, and custodial property subject to

registration is so identified if it is either registered, or held in an account designated, in

the name of the custodian, followed in substance by the words: "as custodian for

__________ (name of minor) under the North Dakota Uniform Transfers to Minors

Act".

5. A custodian shall keep records of all transactions with respect to custodial property,

including information necessary for the preparation of the minor's tax returns, and shall

make them available for inspection at reasonable intervals by a parent or legal

representative of the minor or by the minor if the minor has attained the age of

fourteen years.
N.D. Cent. Code § 47-05-10 — ND Code / Title 47 / Chapter 47-05 / Section 47-05-10
47-05-10. Enforcement of easement - Right of action
Status: in_force

47-05-10. Enforcement of easement - Right of action

The owner of any estate in a dominant tenement, or the occupant of such tenement, may

maintain an action for the enforcement of an easement attached thereto.
N.D. Cent. Code § 47-22-02 — ND Code / Title 47 / Chapter 47-22 / Section 47-22-02
47-22-02. Registrability
Status: in_force

47-22-02. Registrability

A mark by which the goods or services of any applicant for registration may be distinguished

from the goods or services of others shall not be registered if it:

1. Consists of or comprises immoral, deceptive, or scandalous matter;

2. Consists of or comprises matter which may disparage or falsely suggest a connection

with persons, living or dead, institutions, beliefs, or national symbols, or bring them into

contempt, or disrepute;

3. Consists of or comprises the flag or coat of arms or other insignia of the United States,

or of any state or municipality, or of any foreign nation, or any simulation thereof;

4. Consists of or comprises the name, signature, or portrait of any living individual,

except with that individual's written consent;

5. Consists of a mark which:

a. When applied to the goods or services of the applicant, is merely descriptive or

deceptively misdescriptive of them;

b. When applied to the goods or services of the applicant is primarily geographically

descriptive or deceptively misdescriptive of them; or

c. Is primarily merely a surname provided, however, that nothing in this subsection

shall prevent the registration of a mark used in this state by the applicant which

has become distinctive of the applicant's goods or services. The secretary of

state may accept as evidence that the mark has become distinctive, as applied to

the applicant's goods or services, proof of continuous use thereof as a mark by

the applicant in this state or elsewhere for the five years next preceding the date

of the filing of the application for registration; or

6. Consists of or comprises a mark that resembles a mark registered in this state or a

trade name, corporate name, limited liability company name, limited liability

partnership name, limited partnership name, limited liability limited partnership name,

or fictitious name registered with the office of the secretary of state, as to be likely,

when applied to the goods or services of the applicant, to cause confusion or mistake

or to deceive.
N.D. Cent. Code § 47-10-14 — ND Code / Title 47 / Chapter 47-10 / Section 47-10-14
47-10-14. Grant takes effect on performance of condition
Status: in_force

47-10-14. Grant takes effect on performance of condition

An instrument purporting to be a grant of real property to take effect upon a condition

precedent passes the estate upon the performance of the condition.
N.D. Cent. Code § 47-32-01.1 — ND Code / Title 47 / Chapter 47-32 / Section 47-32-01.1
47-32-01.1. Defense to an eviction from a mobile home park
Status: in_force

47-32-01.1. Defense to an eviction from a mobile home park

During an eviction proceeding against a tenant of a mobile home park, a tenant may

present a defense that the landlord violated a provision of section 47-10-28. If the court finds the

landlord violated a provision of section 47-10-28, the court may not order an eviction. In a

second or subsequent eviction proceeding, a tenant only may raise violations that arose after a

prior order between the parties was entered, or violations that were unknown to the court at the

time of the prior order.
N.D. Cent. Code § 47-04.1-14 — ND Code / Title 47 / Chapter 47-04.1 / Section 47-04.1-14
47-04.1-14. Covenant, declaration, bylaw, or other rule may not prohibit display of political signs
Status: in_force

47-04.1-14. Covenant, declaration, bylaw, or other rule may not prohibit display of

political signs.

Notwithstanding any provision in a covenant, declaration, bylaw, or other rule of a project,

an owner or resident may not be prohibited from displaying a political yard sign on the owner's

property within sixty days before any primary, general, or special election. A covenant,

declaration, bylaw, or rule may include reasonable restrictions regarding the placement and

manner of display of political signs.
N.D. Cent. Code § 47-02-27 — ND Code / Title 47 / Chapter 47-02 / Section 47-02-27
47-02-27. Suspension of power of alienation - Rule against perpetuities
Status: repealed

47-02-27. Suspension of power of alienation - Rule against perpetuities

Repealed by S.L. 1991, ch. 484, § 6.
N.D. Cent. Code § 47-26-12 — ND Code / Title 47 / Chapter 47-26 / Section 47-26-12
47-26-12. Determination of fence viewers when land bounded by water - Notice - Liability of delinquent party
Status: in_force

47-26-12. Determination of fence viewers when land bounded by water - Notice -

Liability of delinquent party.

The fence viewers to whom an application is made under section 47-26-11 shall proceed to

view the premises described in the application forthwith. If such supervisors shall determine that

the river, brook, pond, or creek is not, of itself, a sufficient fence and that it is impracticable,

without unreasonable expense, to build a fence in the waters upon the true boundary line, they,

after giving notice to the parties, shall determine whether the fence shall be erected and

maintained on one side, or partially on one side and partially on the other side, of the river,

brook, pond, or creek, and shall reduce to writing and sign their determination. If either party

refuses to erect or maintain that part of the fence assigned to that party in the determination, the

other party may erect and maintain the same and may recover the expense and costs in

connection therewith ascertained in the manner provided in section 47-26-08.
N.D. Cent. Code § 47-16-21 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-21
47-16-21. When proportionate part of lease paid by lessee
Status: in_force

47-16-21. When proportionate part of lease paid by lessee

When the leasing of real property is terminated before the time originally agreed upon, the

lessee must pay the due proportion of the lease for such use as the lessee actually has made of

the property unless such use is merely nominal and of no benefit to the lessee.
N.D. Cent. Code § 47-31-02 — ND Code / Title 47 / Chapter 47-31 / Section 47-31-02
47-31-02. Pore space defined
Status: in_force

47-31-02. Pore space defined

In this chapter "pore space" means a cavity or void, whether natural or artificially created, in

a subsurface sedimentary stratum.
N.D. Cent. Code § 47-30.2-51 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-51
47-30.2-51. (904) When administrator shall honor claim for property
Status: in_force

47-30.2-51. (904) When administrator shall honor claim for property

1. The administrator shall pay or deliver property to a claimant under subsection 1 of

section 47-30.2-50 if the administrator receives evidence sufficient to establish to the

satisfaction of the administrator that the claimant is the owner of the property.

2. Not later than ninety days after a claim is filed under subsection 1 of section

47-30.2-50, the administrator shall allow or deny the claim and give the claimant notice

in a record of the decision.

3. If the claim is denied under subsection 2:

a. The administrator shall inform the claimant of the reason for the denial and

specify what additional evidence, if any, is required for the claim to be allowed;

b. The claimant may file an amended claim with the administrator or commence an

action under section 47-30.2-53; and

c. The administrator may consider an amended claim filed under subdivision b as

an initial claim.
N.D. Cent. Code § 47-04-08 — ND Code / Title 47 / Chapter 47-04 / Section 47-04-08
47-04-08. Future estate limited
Status: in_force

47-04-08. Future estate limited

A future estate may be limited by the act of the party to commence in possession at a future

day, either without the intervention of a precedent estate, on the termination by lapse of time, or

otherwise, of a precedent estate created at the same time.
N.D. Cent. Code § 47-33-01 — ND Code / Title 47 / Chapter 47-33 / Section 47-33-01
47-33-01. Definitions
Status: in_force

47-33-01. Definitions

As used in this chapter, unless the context otherwise requires:

1. "Private transfer fee" means a fee or charge required by a private transfer fee

obligation and payable upon the transfer of an interest in real property, or payable for

the right to make or accept this transfer, regardless of whether the fee or charge is a

fixed amount or is determined as a percentage of the value of the property, the

purchase price, or other consideration given for the transfer. The term does not

include:

a. Any consideration payable by the grantee to the grantor for the interest in real

property being transferred, including any subsequent additional consideration for

the property payable by the grantee based upon any subsequent appreciation,

development, or sale of the property, provided the additional consideration is

payable on a one-time basis only and the obligation to make such payment does

not bind successors in title to the property. For the purposes of this subdivision,

an interest in real property may include a separate mineral estate and its

appurtenant surface access rights.

b. Any commission payable to a licensed real estate broker for the transfer of real

property under an agreement between the broker and the grantor or the grantee,

including any subsequent additional commission for that transfer payable by the

grantor or the grantee based upon any subsequent appreciation, development, or

sale of the property.

c. Any interest, charges, fees, or other amounts payable by a borrower to a lender

under a loan secured by a mortgage against real property, including any fee

payable to the lender for consenting to an assumption of the loan or a transfer of

the real property subject to the mortgage, any fees or charges payable to the

lender for estoppel letters or certificates, and any shared appreciation interest or

profit participation or other consideration and payable to the lender in connection

with the loan.

d. Any rent, reimbursement, charge, fee, or other amount payable by a lessee to a

lessor under a lease, including any fee payable to the lessor for consenting to an

assignment, subletting, encumbrance, or transfer of the lease.

e. Any consideration payable to the holder of an option to purchase an interest in

real property or the holder of a right of first refusal or first offer to purchase an

interest in real property for waiving, releasing, or not exercising the option or right

upon the transfer of the property to another person.

f. Any tax, fee, charge, assessment, fine, or other amount payable to or imposed by

a governmental authority.

g. Any fee, charge, assessment, fine, or other amount payable to a homeowners',

condominium, cooperative, mobile home, or property owners' association under a

declaration or covenant or law applicable to the association, including fees or

charges payable for estoppel letters or certificates issued by the association or its

authorized agent.

h. Any fee, charge, assessment, dues, contribution, or other amount imposed by a

declaration or covenant encumbering a community, and payable to a nonprofit or

charitable organization for the purpose of supporting cultural, educational,

charitable, recreational, environmental, conservation, or other similar activities

benefiting the community that is subject to the declaration or covenant.

i. Any fee, charge, assessment, dues, contribution, or other amount pertaining to

the purchase or transfer of a club membership relating to real property owned by

the member, including any amount determined by reference to the value,

purchase price, or other consideration given for the transfer of the real property.

2. "Private transfer fee obligation" means an obligation arising under a declaration or

covenant recorded against the title to real property, or under any other contractual

agreement or promise, whether or not recorded, that requires or purports to require the

payment of a private transfer fee to the declarant or other person specified in the

declaration, covenant, or agreement, or to the declarant's or other person's successors

or assigns, upon a subsequent transfer of an interest in the real property.

3. "Transfer" means the sale, gift, conveyance, assignment, inheritance, or other transfer

of an ownership interest in real property located in this state.
N.D. Cent. Code § 47-19-36 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-36
47-19-36. Authority of officers in taking proof
Status: in_force

47-19-36. Authority of officers in taking proof

Officers authorized to take the proof of instruments are authorized in such proceedings:

1. To administer oaths or affirmations;

2. To employ and swear interpreters; and

3. To issue subpoenas, obedience to which may be enforced as provided by title 28.
N.D. Cent. Code § 47-01-04 — ND Code / Title 47 / Chapter 47-01 / Section 47-01-04
47-01-04. Land defined
Status: in_force

47-01-04. Land defined

Land is the solid material of the earth, whatever may be the ingredients of which it is

composed, whether soil, rock, or other substance.
N.D. Cent. Code § 47-30.2-16 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-16
47-30.2-16. (302) Address of apparent owner in this state
Status: in_force

47-30.2-16. (302) Address of apparent owner in this state

The administrator may take custody of property that is presumed abandoned, whether

located in this state, another state, or a foreign country if:

1. The last-known address of the apparent owner in the records of the holder is in this

state; or

2. The records of the holder do not reflect the identity or last-known address of the

apparent owner, but the administrator has determined that the last-known address of

the apparent owner is in this state.
N.D. Cent. Code § 47-30.2-67 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-67
47-30.2-67. Waiver of interest and penalty
Status: in_force

47-30.2-67. Waiver of interest and penalty

1. A holder shall pay the penalty and interest or request a waiver or reduction within thirty

days from the date of the receipt of a notice of a penalty and interest assessment.

2. A request for a waiver or reduction of the penalty or interest must be in writing and

provide the grounds for the request.

3. The following factors may be considered if deciding to waive or reduce the penalty or

interest:

a. The reason for the holder's noncompliance;

b. The degree of control the holder had over the lack of compliance;

c. Any unusual or mitigating circumstances involved; and

d. Any other relevant factors.

4. The commissioner may waive up to twenty-five thousand dollars of the penalty or

reduce interest. A request for a waiver or reduction of penalty in excess of twenty-five

thousand dollars must be presented to the board, with the commissioner's

recommendation, for review and decision.

5. A waiver or reduction of penalty and interest does not constitute a waiver of the right to

seek the full amount of both penalty and interest if the initial holder obligation is not

paid. If a claim for penalties and interest is settled and payment received, the amount

of penalties and interest not collected is waived.
N.D. Cent. Code § 47-20.1-02 — ND Code / Title 47 / Chapter 47-20.1 / Section 47-20.1-02
47-20.1-02. Definitions
Status: in_force

47-20.1-02. Definitions

Except where the context indicates a different meaning, terms used in this chapter shall be

defined as follows:

1. "Accessory corner" means any exclusively identifiable physical object whose spatial

relationship to the corner is recorded. Accessories may be bearing trees, bearing

objects, monuments, reference monuments, line trees, pits, mounds, charcoal filled

bottles, steel or wooden stakes or other objects.

2. "Corner", unless otherwise qualified, means a property corner, or a property controlling

corner, or a public land survey corner, or any combination of these.

3. "Monument" means an accessory that is presumed to occupy the exact position of a

corner.

4. "Practice of land surveying" has the same meaning as in section 43-19.1-02.

5. "Property controlling corner" means a public land survey corner, or any property

corner, which does not lie on a property line of the property in question, but which

controls the location of one or more of the property corners of the property in question.

6. "Property corner" means a geographic point on the surface of the earth, and is on, a

part of, and controls a property line.

7. "Public land survey corner" means any corner actually established and monumented in

an original survey or resurvey used as a basis of legal description for issuing a patent

for land to a private person from the United States government.

8. "Reference monument" means a special monument that does not occupy the same

geographical position as the corner itself, but whose spatial relationship to the corner

is recorded, and which serves to witness the corner.

9. "Registered land surveyor" means a surveyor who is registered to practice land

surveying under chapter 43-19.1 regulating the registration and practice of

professional engineering and land surveyors, or who is authorized under said chapter

to practice land surveying as defined herein.
N.D. Cent. Code § 47-10.1-01 — ND Code / Title 47 / Chapter 47-10.1 / Section 47-10.1-01
47-10.1-01. Definitions
Status: in_force

47-10.1-01. Definitions

In this chapter, unless the context or subject matter otherwise requires:

1. "Agricultural land" means land capable of use in the production of agricultural crops,

livestock or livestock products, poultry or poultry products, milk or dairy products, or

fruit and other horticultural products but does not include any land zoned by a local

governmental unit for a use other than, and nonconforming with, agricultural use, but

does not include any oil, gas, coal, or other minerals underlying the land, any interest

in minerals, separate from the surface, whether acquired by lease or otherwise, or any

easements or tracts of land acquired in connection with the extraction, refining,

processing, or transportation of minerals.

2. "Controlling interest" means:

a. Possession of fifty-one percent or more of the ownership interests in an entity; or

b. A percentage ownership interest in an entity of less than fifty-one percent, if the

foreign government actually directs the business and affairs of the entity without

the requirement or consent of any other party.

3. "Foreign government" means a government or the state-controlled enterprise of a

foreign government. The term does not include the government of the United States or

its states, territories, or possessions or the government of Canada or its provinces or

territories.

4. "Foreign governmental interest in agricultural land" includes the purchase, acquisition,

or possession of any absolute or qualified ownership of land by a foreign government,

except does not include a leasehold interest.

5. "Interest in agricultural land" includes any leasehold interest.

6. "State-controlled enterprise" means a business enterprise, however denominated, in

which a foreign government has a controlling interest.
N.D. Cent. Code § 47-30.2-22 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-22
47-30.2-22. (402) Content of report
Status: in_force

47-30.2-22. (402) Content of report

1. The report filed under section 47-30.2-21 must:

a. Be signed by or on behalf of the holder and verified as to its completeness and

accuracy;

b. Be filed electronically in a secure format approved by the administrator which

protects confidential information of the apparent owner in the same manner as

required of the administrator and the administrator's agent under sections

47-30.2-71, 47-30.2-72, and 47-30.2-73;

c. Describe the property;

d. Except for a traveler's check, money order, or similar instrument, contain the

name, if known, last-known address, if known, and social security number or

taxpayer identification number, if known or readily ascertainable, of the apparent

owner of property with a value of twenty-five dollars or more;

e. For an amount held or owing under a life or endowment insurance policy or

annuity contract, contain the name and last-known address of the insured,

annuitant, or other apparent owner of the policy or contract and of the beneficiary;

f. For property held in or removed from a safe deposit box, indicate the location of

the property, where it may be inspected by the administrator, and any amounts

owed to the holder under section 47-30.2-35;

g. Contain the commencement date for determining abandonment under sections

47-30.2-04, 47-30.2-05, 47-30.2-06, 47-30.2-07, 47-30.2-08, 47-30.2-09,

47-30.2-10, 47-30.2-11, 47-30.2-12, 47-30.2-13, and 47-30.2-14;

h. State that the holder has complied with the notice requirements of section

47-30.2-26;

i. Identify property that is a non-freely transferable security and explain why it is a

non-freely transferable security; and

j. Contain other information the commissioner prescribes by rules.

2. A report under section 47-30.2-21 may include in the aggregate items valued under

twenty-five dollars each. If the report includes items in the aggregate valued under

twenty-five dollars each, the administrator may not require the holder to provide the

name and address of an apparent owner of an item unless the information is

necessary to verify or process a claim in progress by the apparent owner.

3. A report under section 47-30.2-21 may include personal information about the

apparent owner or the apparent owner's property to the extent not otherwise prohibited

by state and federal law.

4. The administrator and any state employee conducting an examination on the

administrator's behalf are exempt from chapter 6-08.1.

5. If a holder has changed the holder's name while holding property presumed

abandoned or is a successor to another person that previously held the property for

the apparent owner, the holder shall include in the report under section 47-30.2-21 the

holder's former name or the name of the previous holder, if any, and the known name

and address of each previous holder of the property.
N.D. Cent. Code § 47-32-04 — ND Code / Title 47 / Chapter 47-32 / Section 47-32-04
47-32-04. Eviction actions not joinable with other actions - Exception - When counterclaims only interposable
Status: in_force

47-32-04. Eviction actions not joinable with other actions - Exception - When

counterclaims only interposable.

An action of eviction cannot be brought in a district court in connection with any other

action, except for rents and profits accrued or for damages arising by reason of the defendant's

possession. No counterclaim can be interposed in such action, except as a setoff to a demand

made for damages or for rents and profits. If the court finds for the plaintiff in the action, the

court shall enter judgment that the plaintiff have immediate restitution of the premises. Upon a

showing by the defendant that immediate restitution of the premises would work a substantial

hardship on the defendant or the defendant's family, except in cases in which the eviction

judgment is based in whole or in part on a disturbance of the peace, the court may stay the

special execution for a reasonable period, not to exceed five days.
N.D. Cent. Code § 47-29-02 — ND Code / Title 47 / Chapter 47-29 / Section 47-29-02
47-29-02. Indexing
Status: in_force

47-29-02. Indexing

When any such instrument is recorded, the recorder shall index such instrument under the

name of the person causing it to be recorded in the manner provided for miscellaneous

instruments relating to real estate.
N.D. Cent. Code § 47-19-02 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-02
47-19-02. Instruments entitled to record without acknowledgment
Status: in_force

47-19-02. Instruments entitled to record without acknowledgment

The following instruments may be recorded without acknowledgment or further proof:

1. An instrument issued by an agency, bureau, department, or the judiciary of the United

States, this state or a political subdivision of this state, or an Indian tribe recognized by

the United States department of the interior. An instrument includes a contract or

agreement that is entered by one of these governmental entities that contract or

agreement is deemed to have been issued by the entity.

2. An instrument certified by an agency, bureau, department, or the judiciary of the United

States or a foreign government, a state of the United States or a political subdivision of

a state, or an Indian tribe recognized by the United States department of the interior.

3. A lis pendens or other instrument that is signed by an attorney at law licensed to

practice law in this state which bears the attorney's identification number issued by the

state board of law examiners.

4. An affidavit that bears a jurat or verification upon oath or affirmation.

5. A Uniform Commercial Code financing statement under title 41.

6. A plat signed by a land surveyor registered in this state.
N.D. Cent. Code § 47-26-05 — ND Code / Title 47 / Chapter 47-26 / Section 47-26-05
47-26-05. Partition fences - Maintained by occupants and owners of land - Partition fence exceeding legal fence
Status: in_force

47-26-05. Partition fences - Maintained by occupants and owners of land - Partition

fence exceeding legal fence.

The occupants and the coterminous owners of lands enclosed with fences are mutually and

equally bound to maintain the partition fences between their own and the next adjoining

enclosures unless one of such owners chooses to let that owner's land lie open. If one of such

occupants or owners shall require a partition fence which shall exceed the requirements for a

legal fence, the occupant or owner who shall require such a fence shall bear the entire cost of

erecting and maintaining such a fence unless both such occupants or owners shall otherwise

agree.
N.D. Cent. Code § 47-38-02 — ND Code / Title 47 / Chapter 47-38 / Section 47-38-02
47-38-02. Unfair service agreements - Prohibition
Status: in_force

47-38-02. Unfair service agreements - Prohibition

1. A service agreement is deemed unfair under this chapter if the service obligations of

the agreement are not to be performed within one year after the agreement is

executed and the agreement:

a. Purports to be a covenant running with the land as described in section 47-04-25;

b. Purports to be binding on future owners of interests in the real property;

c. Allows for assignment of the right to provide service without notice and

agreement of the owner of residential real estate; or

d. Purports to create a lien, encumbrance, or other real property security interest.

2. This chapter does not:

a. Apply to a home warranty or other type of similar product that covers the cost of

maintenance of a major housing system for a set period of time from the date a

house is sold;

b. Apply to an insurance contract;

c. Apply to an option to purchase or right of refusal;

d. Apply to a maintenance or repair agreement executed between a landowner and

a homeowners' association in a common interest community; and

e. Impair the rights and remedies provided in chapter 35-27.
N.D. Cent. Code § 47-19-14.8 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-14.8
47-19-14.8. Short title
Status: repealed

47-19-14.8. Short title

Repealed by S.L. 2011, ch. 334, § 6.
N.D. Cent. Code § 47-19-37 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-37
47-19-37. Acknowledgment before county judge - Certificate of clerk of court
Status: repealed

47-19-37. Acknowledgment before county judge - Certificate of clerk of court

Repealed by S.L. 1987, ch. 557, § 1.
N.D. Cent. Code § 47-21-06 — ND Code / Title 47 / Chapter 47-21 / Section 47-21-06
47-21-06. Service of process on state treasurer - Authorization by owner of performing rights
Status: repealed

47-21-06. Service of process on state treasurer - Authorization by owner of

performing rights.

Repealed by S.L. 1987, ch. 558, § 2.
N.D. Cent. Code § 47-08-02 — ND Code / Title 47 / Chapter 47-08 / Section 47-08-02
47-08-02. Principal part defined
Status: in_force

47-08-02. Principal part defined

The principal part shall mean that part to which the other has been united only for the use,

ornament, or completion of the former, unless the latter is the more valuable and has been

united without the knowledge of its owner, who in the latter case, may require it to be separated

and returned to the owner, although some injury should result to the thing to which it has been

united. If neither part can be considered the principal part, the more valuable, or if the values

are nearly equal, the more considerable in bulk, is to be deemed the principal part.
N.D. Cent. Code § 47-16-13.6 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-13.6
47-16-13.6. Enforcement of sections 47-16-13.1 through 47-16-13.6
Status: in_force

47-16-13.6. Enforcement of sections 47-16-13.1 through 47-16-13.6

Any right or action provided by sections 47-16-13.1 through 47-16-13.6 is enforceable by

action and the court may award reasonable attorney's fees to the prevailing party.
N.D. Cent. Code § 47-02-12 — ND Code / Title 47 / Chapter 47-02 / Section 47-02-12
47-02-12. Perpetual interest defined
Status: in_force

47-02-12. Perpetual interest defined

A perpetual interest has a duration equal to that of the property.
N.D. Cent. Code § 47-01-12 — ND Code / Title 47 / Chapter 47-01 / Section 47-01-12
47-01-12. Scope of ownership - Above and below surface
Status: in_force

47-01-12. Scope of ownership - Above and below surface

The owner of land in fee has the right to the surface and to everything permanently situated

beneath or above it.
N.D. Cent. Code § 47-38-01 — ND Code / Title 47 / Chapter 47-38 / Section 47-38-01
47-38-01. Definitions
Status: in_force

47-38-01. Definitions

As used in this chapter:

1. "Recording" means the act of presenting a patent, deed, mortgage, bill of sale, security

agreement, judgment, decree, lien, certificate of sale, or other instrument required to

be filed or admitted to record, to the county recorder of the county in which the

property is situated, for the purposes of placing the document in the proper books or

other storage media as described in section 11-18-01.

2. "Residential real estate" means real property located in this state which is used

primarily for personal, family, or household purposes and which is improved by one to

four dwelling units.

3. "Service agreement" means a contract under which a person agrees to provide

services in connection with the maintenance, purchase, or sale of residential real

estate.

4. "Service provider" means a person that enters a service agreement with a person that

has an interest in residential real estate.
N.D. Cent. Code § 47-11-07 — ND Code / Title 47 / Chapter 47-11 / Section 47-11-07
47-11-07. Gift - Writing or delivery required
Status: in_force

47-11-07. Gift - Writing or delivery required

An oral gift is not valid unless the means of obtaining possession and control of the thing

are given, nor, if it is capable of delivery, unless there is an actual or symbolical delivery of the

thing to the donee.
N.D. Cent. Code § 47-16-20 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-20
47-16-20. Rents - When payable
Status: in_force

47-16-20. Rents - When payable

When there is no contract or usage to the contrary, the rent of agricultural and wild land

shall be payable yearly at the end of each year. Rents of lodgings shall be payable monthly at

the end of each month. Other rents shall be payable quarterly at the end of each quarter from

the time the lease takes effect. The rent for a lease shorter than the periods herein specified

shall be payable at the termination of the lease.
N.D. Cent. Code § 47-04.1-07 — ND Code / Title 47 / Chapter 47-04.1 / Section 47-04.1-07
47-04.1-07. Administration - Bylaws - Rules and regulations
Status: in_force

47-04.1-07. Administration - Bylaws - Rules and regulations

1. The unit owners of each project shall provide for the administration of each project.

The unit owners or administrative body established by the unit owners shall provide by

bylaws for the maintenance of common elements, limited common elements where

applicable, assessment of expenses, payment of losses, division of profits, disposition

of hazard insurance proceeds, and similar matters. A true copy of such bylaws must be

annexed to the declaration set forth in section 47-04.1-02 when adopted, and made a

part thereof and filed in the office of the recorder. No modification of or amendment to

the bylaws is valid unless set forth in an amendment to the declaration and unless the

amendment is duly recorded in the office of the recorder.

2. The following provisions may not be included in the bylaws:

a. Provisions that base assessment of common charges on the basis of whether the

occupant of a unit is an owner, a tenant, or other person.

b. Provisions that make payment of losses, division of profits, disposition of hazard

proceeds, or any other topic that is within the scope of the bylaws, based on

whether the occupant of a unit is an owner, a tenant, or other person.

3. All bylaws, rules, and regulations as adopted by the unit owners or administrative body

of the project must be reduced to writing and made available to every owner of any

interest in the project.

4. The unit owners shall also cause to be recorded in the office of the recorder the name

of the person or persons who are responsible for the administrative duties and who

may be designated as agent or agents for all owners for the service of legal process

and possess such power and authority as may be provided in the bylaws.
N.D. Cent. Code § 47-37-04 — ND Code / Title 47 / Chapter 47-37 / Section 47-37-04
47-37-04. Validity - Effect on other instruments
Status: in_force

47-37-04. Validity - Effect on other instruments

1. An environmental covenant that complies with this chapter runs with the land.

2. An environmental covenant that is otherwise effective is valid and enforceable even if:

a. It is not appurtenant to an interest in real property;

b. It can be or has been assigned to a person other than the original holder;

c. It is not of a character that has been recognized traditionally at common law;

d. It imposes a negative burden;

e. It imposes an affirmative obligation on a person having an interest in the real

property or on the holder;

f. The benefit or burden does not touch or concern real property;

g. There is no privity of estate or contract;

h. The holder dies, ceases to exist, resigns, or is replaced; or

i. The owner of an interest subject to the environmental covenant and the holder

are the same person.

3. An instrument that creates restrictions or obligations with respect to real property that

would qualify as activity and use limitations except for the fact that the instrument was

recorded before August 1, 2021, is not invalid or unenforceable because of any of the

limitations on enforcement of interests described in subsection 2 or because it was

identified as an easement, servitude, deed restriction, or other interest. This chapter

does not apply in any other respect to such an instrument.

4. This chapter does not invalidate or render unenforceable any interest, whether

designated as an environmental covenant or other interest, which is otherwise

enforceable under the law of this state.
N.D. Cent. Code § 47-11-06 — ND Code / Title 47 / Chapter 47-11 / Section 47-11-06
47-11-06. Gift defined
Status: in_force

47-11-06. Gift defined

A gift is a transfer of personal property made voluntarily and without consideration.
N.D. Cent. Code § 47-17-03 — ND Code / Title 47 / Chapter 47-17 / Section 47-17-03
47-17-03. Re-entry or action for possession
Status: in_force

47-17-03. Re-entry or action for possession

After the notice prescribed by sections 47-17-01 and 47-17-02 has been served in the

manner therein directed and the period specified by such notice has expired, but not before, the

landlord may re-enter or proceed according to law to recover possession.
N.D. Cent. Code § 47-26-07 — ND Code / Title 47 / Chapter 47-26 / Section 47-26-07
47-26-07. Fence viewers may order partition fence maintained
Status: in_force

47-26-07. Fence viewers may order partition fence maintained

If any party neglects to repair or rebuild any partition fence which it is that party's duty to

maintain, the aggrieved party may complain to the proper fence viewers, or a majority of them,

who, after due notice to each party, shall proceed to examine the fence. If they determine that

the fence is insufficient, they shall signify the determination in writing to the delinquent party, and

direct that party to repair or rebuild the fence within such time as they deemed reasonable. If the

fence is not repaired or rebuilt accordingly, the complainant may repair or rebuild the same.
N.D. Cent. Code § 47-20.1-11 — ND Code / Title 47 / Chapter 47-20.1 / Section 47-20.1-11
47-20.1-11. Corner records to be certified
Status: in_force

47-20.1-11. Corner records to be certified

No corner record shall be filed unless the same is signed by a registered land surveyor and

stamped with the surveyor's seal.
N.D. Cent. Code § 47-05-12 — ND Code / Title 47 / Chapter 47-05 / Section 47-05-12
47-05-12. Extinguishment of servitude - Methods
Status: in_force

47-05-12. Extinguishment of servitude - Methods

A servitude is extinguished:

1. By vesting of the right to the servitude and the right to the servient tenement in the

same person;

2. By the destruction of the servient tenement;

3. By the performance of any act upon either tenement by the owner of the servitude or

with the owner's assent if it is incompatible with its nature or exercise; or

4. When the servitude was acquired by enjoyment, by disuse thereof by the owner of the

servitude for the period prescribed for acquiring title by prescription.
N.D. Cent. Code § 47-26-17 — ND Code / Title 47 / Chapter 47-26 / Section 47-26-17
47-26-17. If owner determines not to fence land, notice to adjacent landowners - Removal of partition fence
Status: in_force

47-26-17. If owner determines not to fence land, notice to adjacent landowners -

Removal of partition fence.

If a person shall determine not to fence any of that person's lands adjoining a partition fence

that has been divided according to the provisions of this chapter and shall give six months'

notice of such determination to all the adjoining occupants of the lands, that person shall not be

required to maintain any part of the fence during the time that person's lands are open, and that

person thereafter may remove that person's portion of the fence if the owner or occupant of the

adjoining enclosure will not pay the sum determined by the fence viewers to be the value of the

fence in the manner provided in section 47-26-15.
N.D. Cent. Code § 47-02-11 — ND Code / Title 47 / Chapter 47-02 / Section 47-02-11
47-02-11. Future interest defined
Status: in_force

47-02-11. Future interest defined

A future interest means that the owner is entitled to the possession of the property only at a

future period.
N.D. Cent. Code § 47-11-16 — ND Code / Title 47 / Chapter 47-11 / Section 47-11-16
47-11-16. Nontestamentary transfer between spouses - Presumption
Status: in_force

47-11-16. Nontestamentary transfer between spouses - Presumption

A nontestamentary transfer of personal property between spouses shall be presumed to be

for a consideration, and not a gift, unless otherwise stated in writing at the time of transfer. This

presumption is conclusive.
N.D. Cent. Code § 47-24.1-10 — ND Code / Title 47 / Chapter 47-24.1 / Section 47-24.1-10
47-24.1-10. Single custodianship
Status: in_force

47-24.1-10. Single custodianship

A transfer may be made only for one minor and up to two persons may be joint custodians.

All custodial property held under this chapter by the same custodian or joint custodians for the

benefit of the same minor constitutes a single custodianship. Unless otherwise specified in a

document creating the custodial property, each joint custodian may act alone with respect to the

custodial property. If either joint custodian resigns, dies, becomes incapacitated, or is removed,

then the remaining joint custodian becomes sole custodian.
N.D. Cent. Code § 47-25.1-02 — ND Code / Title 47 / Chapter 47-25.1 / Section 47-25.1-02
47-25.1-02. Injunctive relief
Status: in_force

47-25.1-02. Injunctive relief

1. Actual or threatened misappropriation may be enjoined. Upon application to the court,

an injunction must be terminated when the trade secret has ceased to exist, but the

injunction may be continued for an additional reasonable period of time to eliminate

commercial advantage that otherwise would be derived from the misappropriation.

2. In exceptional circumstances, an injunction may condition future use upon payment of

a reasonable royalty for no longer than the period of time for which use could have

been prohibited. Exceptional circumstances include a material and prejudicial change

of position prior to acquiring knowledge or reason to know of misappropriation that

renders a prohibitive injunction inequitable.

3. In appropriate circumstances, affirmative acts to protect a trade secret may be

compelled by court order.
N.D. Cent. Code § 47-19-04 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-04
47-19-04. Recording of transfers by mortgage
Status: in_force

47-19-04. Recording of transfers by mortgage

Transfers of or liens on property by way of mortgage are required to be recorded in the

cases specified in title 35.
N.D. Cent. Code § 47-04-15 — ND Code / Title 47 / Chapter 47-04 / Section 47-04-15
47-04-15. Life estates - Successive limitations
Status: repealed

47-04-15. Life estates - Successive limitations

Repealed by omission from this code.
N.D. Cent. Code § 47-26-02 — ND Code / Title 47 / Chapter 47-26 / Section 47-26-02
47-26-02. Fence viewers
Status: in_force

47-26-02. Fence viewers

In an organized township, the members of the board of township supervisors shall act as

fence viewers.
N.D. Cent. Code § 47-03-06 — ND Code / Title 47 / Chapter 47-03 / Section 47-03-06
47-03-06. Allowance to minor from accumulations
Status: in_force

47-03-06. Allowance to minor from accumulations

When a minor for whose benefit an accumulation has been directed is destitute of other

sufficient means of support and education, the district court, upon application, may direct a

suitable sum to be applied thereto out of the fund.
N.D. Cent. Code § 47-07-13 — ND Code / Title 47 / Chapter 47-07 / Section 47-07-13
47-07-13. Title deeds - Ownership passes with title
Status: in_force

47-07-13. Title deeds - Ownership passes with title

Instruments essential to the title of real property which are not kept in a public office as a

record pursuant to law belong to the person in whom, for the time being, such title may be

vested, and pass with the title.
N.D. Cent. Code § 47-22-01 — ND Code / Title 47 / Chapter 47-22 / Section 47-22-01
47-22-01. Definitions
Status: in_force

47-22-01. Definitions

As used in this chapter, unless the context otherwise requires, the term:

1. "Applicant" embraces the person filing an application for registration of a mark under

this chapter and that person's legal representatives, successors, or assigns.

2. "Mark" includes any trademark or service mark entitled to registration under this

chapter whether or not registered.

3. "Person" means any individual, firm, partnership, corporation, limited liability company,

association, union, or other organization.

4. "Registrant" embraces the person to whom the registration of a mark under this

chapter is issued and that person's legal representatives, successors, or assigns.

5. "Service mark" means any word, name, symbol, or device or any combination thereof

used by a person to identify and distinguish the services of one person, including a

unique service, from the services of others, and to indicate the source of the services,

even if that source is unknown. Titles, character names used by a person, and other

distinctive features of radio or television programs may be registered as service marks

notwithstanding that they, or the programs, may advertise the goods of the sponsor.

6. "Trademark" means any word, name, symbol, or device or any combination thereof

adopted and used by a person to identify goods made or sold by that person and to

distinguish them from goods made or sold by others.

For the purposes of this chapter, a trademark shall be deemed to be "used" in this state when it

is placed in any manner on the goods or their containers or on the tags or labels affixed thereto

and such goods are sold or otherwise distributed in this state.
N.D. Cent. Code § 47-19-33 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-33
47-19-33. Prohibition on self-interested individuals from proving documents
Status: in_force

47-19-33. Prohibition on self-interested individuals from proving documents

An individual authorized by law to take or receive the proof or acknowledgment of the

execution of an instrument or affidavit and to certify to the same may not take or receive the

proof, acknowledgment, or affidavit or certify to the same if that individual is a party to the

instrument or a member of any partnership that is a party to the instrument, or if the husband or

wife of that individual is a party to the instrument. An acknowledgment taken or received in

violation of this section is invalid.
N.D. Cent. Code § 47-19-18 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-18
47-19-18. Deputies may take acknowledgments
Status: in_force

47-19-18. Deputies may take acknowledgments

When any officer mentioned in section 47-19-14 is authorized by law to appoint a deputy,

the acknowledgment or proof may be taken by such deputy in the name of the principal as

deputy, or by such deputy as deputy.
N.D. Cent. Code § 47-36-07 — ND Code / Title 47 / Chapter 47-36 / Section 47-36-07
47-36-07. Disclosure of other digital assets of deceased user
Status: in_force

47-36-07. Disclosure of other digital assets of deceased user

Unless the user prohibited disclosure of digital assets or the court directs otherwise, a

custodian shall disclose to the personal representative of the estate of a deceased user a

catalog of electronic communications sent or received by the user and digital assets, other than

the content of electronic communications, of the user if the representative gives the custodian:

1. A written request for disclosure in physical or electronic form;

2. A certified copy of the death certificate of the user;

3. A certified copy of the letter of appointment of the representative or a small estate

affidavit or court order; and

4. If requested by the custodian:

a. A number, username, address, or other unique subscriber or account identifier

assigned by the custodian to identify the user's account;

b. Evidence linking the account to the user;

c. An affidavit stating that disclosure of the user's digital assets is reasonably

necessary for administration of the estate; or

d. A finding by the court that:

(1) The user had a specific account with the custodian, identifiable by the

information specified in subdivision a; or

(2) Disclosure of the user's digital assets is reasonably necessary for

administration of the estate.
N.D. Cent. Code § 47-07-06 — ND Code / Title 47 / Chapter 47-07 / Section 47-07-06
47-07-06. Transfer of products of the mind
Status: in_force

47-07-06. Transfer of products of the mind

The owner of any product of the mind, or of any representation or expression thereof, may

transfer the owner's property in the same.
N.D. Cent. Code § 47-10-24 — ND Code / Title 47 / Chapter 47-10 / Section 47-10-24
47-10-24. Description and definition of minerals in leases and conveyances (Retroactive application - See note)
Status: in_force

47-10-24. Description and definition of minerals in leases and conveyances

(Retroactive application - See note)

1. All conveyances of mineral rights or royalties in real property in this state, excluding

leases, must be construed to grant or convey to the grantee all minerals of any nature

whatsoever except those minerals specifically excluded by name in the deed, grant, or

conveyance, and their compounds and byproducts, but may not be construed to grant

or convey to the grantee any interest in any gravel, clay, or scoria unless specifically

included by name in the deed, grant, or conveyance.

2. Except as provided in subsection 3, a lease of mineral rights in this state may not be

construed as passing any interest to any minerals except those minerals specifically

included and set forth by name in the lease. For the purposes of this section, the

naming of either a specific metalliferous element, or nonmetalliferous element, and if

so stated in lease, is deemed to include all of its compounds and byproducts, and in

the case of oil and gas, all associated hydrocarbons produced in a liquid or gaseous

form so named must be deemed to be included in the mineral named. Except as

provided in subsection 3, the use of the words "all other minerals" or similar words of

an all-inclusive nature in any lease may not be construed as leasing any minerals

except those minerals specifically named in the lease and their compounds and

byproducts.

3. As provided under section 38-12-06, a lease of coal in this state whenever granted is

deemed to include all critical minerals and rare earth minerals chemically bound,

embedded, commingled, included, or contained within a coal seam or coal deposit

unless specifically excluded from the lease of coal.
N.D. Cent. Code § 47-10-07 — ND Code / Title 47 / Chapter 47-10 / Section 47-10-07
47-10-07. Deed - Execution - Post-office and street address of grantee a prerequisite
Status: in_force

47-10-07. Deed - Execution - Post-office and street address of grantee a prerequisite

Each deed executed in which real estate is described shall contain the post-office address,

and any known or existing street address if within the corporate boundaries of a city, of each

grantee named in such deed.
N.D. Cent. Code § 47-21.2-04 — ND Code / Title 47 / Chapter 47-21.2 / Section 47-21.2-04
47-21.2-04. Prohibited conduct
Status: in_force

47-21.2-04. Prohibited conduct

A performing rights society, or any agent, employee, or representative of a performing rights

society, may not:

1. Enter onto the premises of a proprietor's business for the purpose of discussing or

inquiring about a contract for the payment of royalties with the proprietor or the

proprietor's employees, without first providing identification to the proprietor or the

proprietor's employees, providing photographic identification from the society if

requested, and making known to the proprietor or the proprietor's employees the

purpose of the discussion or inquiry;

2. Engage in any coercive conduct, act, or practice that is substantially disruptive to a

proprietor's business;

3. Use or attempt to use any unfair or deceptive act or practice in negotiating with a

proprietor; or

4. Fail to comply with or fulfill the obligations imposed by sections 47-21.2-02 and
N.D. Cent. Code § 47-15-07 — ND Code / Title 47 / Chapter 47-15 / Section 47-15-07
47-15-07. Injuries - Reparation by hirer
Status: in_force

47-15-07. Injuries - Reparation by hirer

The hirer of personal property must repair all deteriorations or injuries thereto occasioned

by the hirer's ordinary or gross negligence.
N.D. Cent. Code § 47-25.1-06 — ND Code / Title 47 / Chapter 47-25.1 / Section 47-25.1-06
47-25.1-06. Statute of limitations
Status: in_force

47-25.1-06. Statute of limitations

An action for misappropriation must be brought within three years after the misappropriation

is discovered or by the exercise of reasonable diligence should have been discovered. For the

purposes of this section, a continuing misappropriation constitutes a single claim.
N.D. Cent. Code § 47-05-01.2 — ND Code / Title 47 / Chapter 47-05 / Section 47-05-01.2
47-05-01.2. Solar easement - Contents
Status: in_force

47-05-01.2. Solar easement - Contents

Any instrument creating a solar easement shall include, but shall not be limited to, all of the

following:

1. The vertical and horizontal angles, expressed in degrees, at which the solar easement

extends over the real property subject to the solar easement.

2. Any terms, conditions, or both under which the solar easement is granted or will be

terminated.

3. Any provisions for compensation of the owner of the property benefiting from the solar

easement in the event of interference with the enjoyment of the solar easement or

compensation of the owner of the property subject to the solar easement for

maintaining the solar easement.
N.D. Cent. Code § 47-02-27.2 — ND Code / Title 47 / Chapter 47-02 / Section 47-02-27.2
47-02-27.2. When contingent property interest or power of appointment created
Status: in_force

47-02-27.2. When contingent property interest or power of appointment created

1. Except as provided in subsections 2 and 3 of this section and in subsection 1 of

section 47-02-27.5, the time of creation of a contingent property interest or a power of

appointment is determined under general principles of property law.

2. For purposes of sections 47-02-27.1 through 47-02-27.5, if there is a person who

alone can exercise a power created by a governing instrument to become an

unqualified beneficial owner of a contingent property interest or a property interest

subject to a power of appointment described in subsection 2 or 3 of section

47-02-27.1, the contingent property interest or power of appointment is created when

the power to become the unqualified beneficial owner terminates.

3. For purposes of sections 47-02-27.1 through 47-02-27.5, a contingent property interest

or a power of appointment arising from a transfer of property to a previously funded

trust or other existing property arrangement is created when the contingent property

interest or power of appointment in the original contribution was created.
N.D. Cent. Code § 47-15.1-04 — ND Code / Title 47 / Chapter 47-15.1 / Section 47-15.1-04
47-15.1-04. Prohibited provisions and agreements
Status: in_force

47-15.1-04. Prohibited provisions and agreements

A consumer rental purchase agreement may not contain the following provisions, and, such

included provision is not enforceable:

1. A confession of judgment.

2. A negotiable instrument.

3. A security interest or any other claim of a property interest in any goods except those

goods delivered by the lessor pursuant to the consumer rental purchase agreement.

4. A wage assignment.

5. A waiver by the consumer of claims or defenses.

6. A provision authorizing the lessor or a person acting on the lessor's behalf to enter

upon the consumer's premises or to commit any breach of the peace in the

repossession of the goods.
N.D. Cent. Code § 47-04-21 — ND Code / Title 47 / Chapter 47-04 / Section 47-04-21
47-04-21. Remainder limited on estate for life or years - When effective
Status: in_force

47-04-21. Remainder limited on estate for life or years - When effective

When a remainder on an estate for life or for years is not limited on a contingency defeating

or avoiding such precedent estate, it shall be deemed intended to take effect only on the death

of the first taker or the expiration by lapse of time of such term of years.
N.D. Cent. Code § 47-07-02 — ND Code / Title 47 / Chapter 47-07 / Section 47-07-02
47-07-02. Thing in action defined
Status: in_force

47-07-02. Thing in action defined

A thing in action is a right to recover money or other personal property by a judicial

proceeding.
N.D. Cent. Code § 47-22-11 — ND Code / Title 47 / Chapter 47-22 / Section 47-22-11
47-22-11. Infringement
Status: in_force

47-22-11. Infringement

Subject to the provisions of section 47-22-13, any person who shall:

1. Use, without the consent of the registrant, any reproduction, counterfeit, copy, or

colorable imitation of a mark registered under this chapter in connection with the sale,

offering for sale, or advertising of any goods or services on or in connection with which

such use is likely to cause confusion or mistake or to deceive as to the source of origin

of such goods or services; or

2. Reproduce, counterfeit, copy, or colorably imitate any such mark and apply such

reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages,

wrappers, receptacles, or advertisements intended to be used upon or in connection

with the sale or other distribution in this state of such goods or services;

shall be liable to a civil action by the owner of such registered mark for any or all of the

remedies provided in section 47-22-12, except that under subsection 2 the registrant shall not

be entitled to recover profits or damages unless the acts have been committed with knowledge

that such mark is intended to be used to cause confusion or mistake or to deceive.
N.D. Cent. Code § 47-22-05 — ND Code / Title 47 / Chapter 47-22 / Section 47-22-05
47-22-05. Duration and renewal
Status: in_force

47-22-05. Duration and renewal

Registration of a mark hereunder is effective for a term of ten years from the date of

registration and, upon application filed prior to the expiration of such term, on a form to be

furnished by the secretary of state, the registration may be renewed in the same manner as a

new application for a like term. A renewal fee of thirty dollars for one class of goods or services

and twenty dollars for each additional class, payable to the secretary of state, must accompany

the application for renewal of the registration.

A registration may be renewed for successive periods of ten years in like manner.

The secretary of state shall notify registrants hereunder of the necessity of renewal at least

ninety days before the expiration of the registration by writing to the last-known address of the

registrants.
N.D. Cent. Code § 47-16-35 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-35
47-16-35. No appearance in district court - Lessee or assignee
Status: repealed

47-16-35. No appearance in district court - Lessee or assignee

Repealed by S.L. 1953, ch. 277, § 4.
N.D. Cent. Code § 47-09-15 — ND Code / Title 47 / Chapter 47-09 / Section 47-09-15
47-09-15. Words of inheritance or succession unnecessary to fee
Status: in_force

47-09-15. Words of inheritance or succession unnecessary to fee

Words of inheritance or succession shall not be requisite to transfer a fee in real property.
N.D. Cent. Code § 47-16-12 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-12
47-16-12. Obligations of lessor to repair dwelling
Status: repealed

47-16-12. Obligations of lessor to repair dwelling

Repealed by S.L. 1977, ch. 429, § 7.
N.D. Cent. Code § 47-10.2-03 — ND Code / Title 47 / Chapter 47-10.2 / Section 47-10.2-03
47-10.2-03. Refunding of surplus escrow payments
Status: in_force

47-10.2-03. Refunding of surplus escrow payments

Upon creation of the written notice under section 47-10.2-02, the servicer shall refund any

surplus amount to the borrower within thirty calendar days following the end of the escrow

account computation year. The notice required under section 47-10.2-02 must be included when

surplus escrow funds are refunded under this section.
N.D. Cent. Code § 47-21.2-02 — ND Code / Title 47 / Chapter 47-21.2 / Section 47-21.2-02
47-21.2-02. Notice and information
Status: in_force

47-21.2-02. Notice and information

A performing rights society may not enter, or offer to enter, a contract for the payment of

royalties by a proprietor unless it agrees to provide to the proprietor upon request at the

proprietor's place of business, by electronic means or otherwise, information as to whether

specific copyrighted musical works are in its repertoire and the opportunity to review the most

current available list of the performing rights society's members or affiliates.
N.D. Cent. Code § 47-30.2-38 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-38
47-30.2-38. (609) Disposition of property having no substantial value - Immunity from liability
Status: in_force

47-30.2-38. (609) Disposition of property having no substantial value - Immunity from

liability.

1. If the administrator takes custody of property delivered under this chapter and later

determines that the property has no substantial commercial value or that the cost of

disposing of the property will exceed the value of the property, the administrator may

return the property to the holder or destroy or otherwise dispose of the property.

2. An action or proceeding may not be commenced against the state, an agency of the

state, the administrator, another officer, employee, or agent of the state, or a holder for

or because of an act of the administrator under this section, except for intentional

misconduct or malfeasance.
N.D. Cent. Code § 47-37-09 — ND Code / Title 47 / Chapter 47-37 / Section 47-37-09
47-37-09. Amendment or termination by consent
Status: in_force

47-37-09. Amendment or termination by consent

1. An environmental covenant may be amended or terminated by consent only if the

amendment or termination is signed by:

a. The agency;

b. Unless waived by the agency, the current owner of the fee simple of the real

property subject to the covenant;

c. Each person that originally signed the covenant, unless the person waived in a

signed record the right to consent or a court finds the person no longer exists or

cannot be located or identified with the exercise of reasonable diligence; and

d. Except as otherwise provided in subdivision b of subsection 4, the holder.

2. If an interest in real property is subject to an environmental covenant, the interest is

not affected by an amendment of the covenant unless the current owner of the interest

consents to the amendment or has waived in a signed record the right to consent to

amendments.

3. Except for an assignment undertaken pursuant to a governmental reorganization,

assignment of an environmental covenant to a new holder is an amendment.

4. Except as otherwise provided in an environmental covenant:

a. A holder may not assign its interest without consent of the other parties;

b. A holder may be removed and replaced by agreement of the other parties

specified in subsection 1; and

c. A court of competent jurisdiction may fill a vacancy in the position of holder.
N.D. Cent. Code § 47-20.2-09 — ND Code / Title 47 / Chapter 47-20.2 / Section 47-20.2-09
47-20.2-09. Reliance on description of North Dakota coordinate system
Status: repealed

47-20.2-09. Reliance on description of North Dakota coordinate system

Repealed by S.L. 1989, ch. 555, § 7.
N.D. Cent. Code § 47-30.2-52 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-52
47-30.2-52. (905) Allowance of claim for property
Status: in_force

47-30.2-52. (905) Allowance of claim for property

1. Not later than sixty days after a claim is allowed under subsection 2 of section

47-30.2-51, the administrator shall pay or deliver to the owner the property or pay to

the owner the net proceeds of a sale of the property, together with income or gain to

which the owner is entitled under section 47-30.2-36. On request of the owner, the

administrator may sell or liquidate a security and pay the net proceeds to the owner,

even if the security had been held by the administrator for fewer than three years or

the administrator has not complied with the notice requirements under section

47-30.2-41.

2. Property held under this chapter by the administrator is subject to a claim for the

payment of an enforceable debt the owner owes in this state for:

a. Child support arrearages, including child support collection costs and child

support arrearages that are combined with maintenance;

b. A civil or criminal fine or penalty, court costs, a surcharge, or restitution imposed

by a final order of an administrative agency or a final court judgment;

c. State or local taxes, penalties, and interest that have been determined to be

delinquent or as to which notice has been recorded with the state or local taxing

authority; or

d. A civil monetary judgment for which an execution order has been issued by a

state court of competent jurisdiction.

3. The state and local agencies may make periodic inquiries to the administrator to

determine whether an apparent owner included in the unclaimed property records of

this state has enforceable debts described in subsection 2. The administrator first shall

apply the property or net proceeds of a sale of property held by the administrator to a

debt under subsection 2 of an apparent owner which appears in the records of the

administrator and deliver the amount to the appropriate state or local agency.
N.D. Cent. Code § 47-03-03 — ND Code / Title 47 / Chapter 47-03 / Section 47-03-03
47-03-03. Undisposed income - Persons entitled to future interest
Status: in_force

47-03-03. Undisposed income - Persons entitled to future interest

When, in consequence of a valid limitation of a future interest, there is a suspension of the

power of alienation or of the ownership, during the continuation of which the income is

undisposed of, and no valid direction for its accumulation is given, such income belongs to the

persons presumptively entitled to the next eventual interest.
N.D. Cent. Code § 47-30.2-58 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-58
47-30.2-58. (1005) Evidence of unpaid debt or undischarged obligation
Status: in_force

47-30.2-58. (1005) Evidence of unpaid debt or undischarged obligation

1. A record of a putative holder showing an unpaid debt or undischarged obligation is

prima facie evidence of the debt or obligation.

2. A putative holder may establish by a preponderance of the evidence that there is no

unpaid debt or undischarged obligation for a debt or obligation described in

subsection 1 or that the debt or obligation was not, or no longer is, a fixed and certain

obligation of the putative holder.

3. A putative holder may overcome prima facie evidence under subsection 1 by

establishing by a preponderance of the evidence that a check, draft, or similar

instrument was:

a. Issued as an unaccepted offer in settlement of an unliquidated amount;

b. Issued but later was replaced with another instrument because the earlier

instrument was lost or contained an error that was corrected;

c. Issued to a party affiliated with the issuer;

d. Paid, satisfied, or discharged;

e. Issued in error;

f. Issued without consideration;

g. Issued but there was a failure of consideration;

h. Voided not later than ninety days after issuance for a valid business reason set

forth in a contemporaneous record; or

i. Issued but not delivered to the third-party payee for a sufficient reason recorded

within a reasonable time after issuance.

4. In asserting a defense under this section, a putative holder may present evidence of a

course of dealing between the putative holder and the apparent owner or of custom

and practice.
N.D. Cent. Code § 47-18-02 — ND Code / Title 47 / Chapter 47-18 / Section 47-18-02
47-18-02. Head of family defined
Status: repealed

47-18-02. Head of family defined

Repealed by S.L. 1979, ch. 488, § 7.
N.D. Cent. Code § 47-07-03 — ND Code / Title 47 / Chapter 47-07 / Section 47-07-03
47-07-03. Thing in action transferable
Status: in_force

47-07-03. Thing in action transferable

A thing in action arising out of the violation of a right of property or out of an obligation may

be transferred by the owner. Upon the death of the owner, it passes to the owner's personal

representatives except when in the cases provided by law it passes to the owner's devisees or

successor in office.
N.D. Cent. Code § 47-37-07 — ND Code / Title 47 / Chapter 47-37 / Section 47-37-07
47-37-07. Recording
Status: in_force

47-37-07. Recording

1. An environmental covenant and any amendment or termination of the covenant must

be recorded in every county in which any portion of the real property subject to the

covenant is located. For purposes of indexing, a holder must be treated as a grantee.

2. Except as otherwise provided in subsection 3 of section 47-37-08 an environmental

covenant is subject to the laws of this state governing recording and priority of

interests in real property.
N.D. Cent. Code § 47-10-11 — ND Code / Title 47 / Chapter 47-10 / Section 47-10-11
47-10-11. Easements - Pass by transfer of property to which attached
Status: in_force

47-10-11. Easements - Pass by transfer of property to which attached

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 obviously and permanently was used by

the person whose estate is transferred, for the benefit thereof, at the time when the transfer was

agreed upon or completed.
N.D. Cent. Code § 47-10.1-03 — ND Code / Title 47 / Chapter 47-10.1 / Section 47-10.1-03
47-10.1-03. Recording
Status: repealed

47-10.1-03. Recording

Repealed by S.L. 2005, ch. 388, § 1.
N.D. Cent. Code § 47-04-02 — ND Code / Title 47 / Chapter 47-04 / Section 47-04-02
47-04-02. Classification of estates as to duration
Status: in_force

47-04-02. Classification of estates as to duration

Estates in real property in respect to the duration of their enjoyment are:

1. Estates of inheritance or perpetual estates;

2. Estates for life;

3. Estates for years; or

4. Estates at will.
N.D. Cent. Code § 47-24.1-04 — ND Code / Title 47 / Chapter 47-24.1 / Section 47-24.1-04
47-24.1-04. Transfer by gift or exercise of power of appointment
Status: in_force

47-24.1-04. Transfer by gift or exercise of power of appointment

A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power

of appointment in favor of, a custodian for the benefit of a minor pursuant to section 47-24.1-09.
N.D. Cent. Code § 47-11-02 — ND Code / Title 47 / Chapter 47-11 / Section 47-11-02
47-11-02. Interest in express trusts - Operation of law or written instrument required
Status: in_force

47-11-02. Interest in express trusts - Operation of law or written instrument required

The beneficial interest in an express trust can be transferred only by operation of law or by

a written instrument subscribed by the person making the transfer or by the person's agent.
N.D. Cent. Code § 47-02-32 — ND Code / Title 47 / Chapter 47-02 / Section 47-02-32
47-02-32. Future interest - Effect of determination of precedent interest - Contingent remainders not artificially destructible
Status: in_force

47-02-32. Future interest - Effect of determination of precedent interest - Contingent

remainders not artificially destructible.

No future interest, valid in its creation, is defeated by the determination of the precedent

interest before the happening of the contingency on which the future interest is limited to take

effect, but should such contingency afterwards happen, the future interest takes effect in the

same manner and to the same extent as if the precedent interest had continued to the same

period.
N.D. Cent. Code § 47-04-22 — ND Code / Title 47 / Chapter 47-04 / Section 47-04-22
47-04-22. Estate in fee, remainder, or reversion - Right of action
Status: in_force

47-04-22. Estate in fee, remainder, or reversion - Right of action

A person having an estate in fee, in remainder, or reversion may maintain an action for an

injury done to the inheritance, notwithstanding an intervening estate for life or years and

although after its commission the person's estate is transferred and the person has no interest

in the property at the commencement of the action.
N.D. Cent. Code § 47-04-25.1 — ND Code / Title 47 / Chapter 47-04 / Section 47-04-25.1
47-04-25.1. Modification of covenants running with the land
Status: in_force

47-04-25.1. Modification of covenants running with the land

A covenant running with the land executed after August 1, 1997, must contain provisions

addressing the modification of the covenant. If a covenant running with the land does not

contain provisions relating to the modification of the covenant, eighty-five percent of all of the

owners of the real property subject to the covenant may agree, in writing, to amend the

covenant to include provisions relating to the modification of the covenant. Following approval of

any modification, the modified covenant must be filed for recording with the recorder. This

section does not apply to subdivisions that are not completed unless the subdivision has been in

development for over fifteen years.
N.D. Cent. Code § 47-33-02 — ND Code / Title 47 / Chapter 47-33 / Section 47-33-02
47-33-02. Prohibition on private transfer fee obligation
Status: in_force

47-33-02. Prohibition on private transfer fee obligation

A private transfer fee obligation recorded or entered in this state on or after August 1, 2011,

does not run with the title to real property and is not binding on or enforceable at law or in equity

against any subsequent owner, purchaser, or mortgagee of any interest in real property as an

equitable servitude or otherwise. Any private transfer fee obligation that is recorded or entered

in this state on or after August 1, 2011, is void and unenforceable. This section does not mean

that a private transfer fee obligation recorded or entered in this state before August 1, 2011, is

presumed valid and enforceable.
N.D. Cent. Code § 47-19-53 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-53
47-19-53. Recording petition, decree of adjudication, or order approving trustee's bond in bankruptcy proceeding
Status: in_force

47-19-53. Recording petition, decree of adjudication, or order approving trustee's

bond in bankruptcy proceeding.

When a petition for bankruptcy, or a decree of adjudication, or an order approving the

trustee's bond is made, pursuant to the Federal Bankruptcy Act of 1898, as amended by the

Bankruptcy Act of 1938, Chapter 575, 52 Statutes 840, Section 21g, the bankrupt, trustee,

receiver, custodian, referee, or any creditor may record a certified copy of the petition, decree,

or order in the office of the recorder of any county in this state wherein is located real property of

the bankrupt as shown by the schedules of the bankruptcy proceedings.
N.D. Cent. Code § 47-04-30 — ND Code / Title 47 / Chapter 47-04 / Section 47-04-30
47-04-30. Covenants running with the land - Apportionment of benefit or burden
Status: in_force

47-04-30. Covenants running with the land - Apportionment of benefit or burden

When several persons, holding by several titles, are subject to the burden or are entitled to

the benefit of a covenant running with the land, it must be apportioned among them according to

the value of the property subject to it held by them respectively, if such value can be

ascertained, and if not, then according to their respective interests in point of quantity.
N.D. Cent. Code § 47-21-02 — ND Code / Title 47 / Chapter 47-21 / Section 47-21-02
47-21-02. Music or dramatico-musical compositions - Disposing of performing rights - Prerequisites
Status: repealed

47-21-02. Music or dramatico-musical compositions - Disposing of performing rights -

Prerequisites.

Repealed by S.L. 1987, ch. 558, § 2.
N.D. Cent. Code § 47-30.2-03 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-03
47-30.2-03. (104) Rulemaking
Status: in_force

47-30.2-03. (104) Rulemaking

The commissioner may adopt rules to implement and administer this chapter.
N.D. Cent. Code § 47-09-10 — ND Code / Title 47 / Chapter 47-09 / Section 47-09-10
47-09-10. Redelivery does not retransfer
Status: in_force

47-09-10. Redelivery does not retransfer

Redelivering a grant of real property to the grantor, or canceling it, does not operate to

retransfer the title.
N.D. Cent. Code § 47-30.2-73 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-73
47-30.2-73. (1407) Security breach
Status: in_force

47-30.2-73. (1407) Security breach

1. Except to the extent prohibited by law other than this chapter, the administrator or

administrator's agent shall notify a holder as soon as practicable of:

a. A suspected loss, misuse or unauthorized access, disclosure, modification, or

destruction of confidential information obtained from the holder in the possession

of the administrator or an administrator's agent; and

b. Any interference with operations in any system hosting or housing confidential

information which:

(1) Compromises the security, confidentiality, or integrity of the information; or

(2) Creates a substantial risk of identity fraud or theft.

2. Except as necessary to inform an insurer, attorney, investigator, or others as required

by law, the administrator and an administrator's agent may not disclose, without the

express consent in a record of the holder, an event described in subsection 1 to a

person whose confidential information was supplied by the holder.

3. If an event described in subsection 1 occurs, the administrator and the administrator's

agent shall:

a. Take action necessary for the holder to understand and minimize the effect of the

event and determine its scope; and

b. Cooperate with the holder with respect to:

(1) Any notification required by law concerning a data or other security breach;

and

(2) A regulatory inquiry, litigation, or similar action.
N.D. Cent. Code § 47-10-25 — ND Code / Title 47 / Chapter 47-10 / Section 47-10-25
47-10-25. Meaning of minerals in deed, grant, or conveyance of title to real property
Status: reserved

47-10-25. Meaning of minerals in deed, grant, or conveyance of title to real property

In all deeds, grants, or conveyances of the title to the surface of real property executed on

or after July 1, 1983, in which all or any portion of the minerals are reserved or excepted and

thereby effectively precluded from being transferred with the surface, all minerals, of any nature

whatsoever, shall be construed to be reserved or excepted except those minerals specifically

excluded by name in the deed, grant, or conveyance and their compounds and byproducts.

Gravel, clay, and scoria shall be transferred with the surface estate unless specifically reserved

by name in the deed, grant, or conveyance.
N.D. Cent. Code § 47-04-16 — ND Code / Title 47 / Chapter 47-04 / Section 47-04-16
47-04-16. Remainder upon successive life estates
Status: repealed

47-04-16. Remainder upon successive life estates

Repealed by omission from this code.
N.D. Cent. Code § 47-26-01 — ND Code / Title 47 / Chapter 47-26 / Section 47-26-01
47-26-01. Definition of legal fence
Status: in_force

47-26-01. Definition of legal fence

The following shall constitute a legal fence:

1. Any fence four and one-half feet [1.37 meters] high, in good repair, consisting of rails,

timber, boards, stone walls, or any combination thereof.

2. All brooks, rivers, ponds, creeks, ditches, or hedges.

3. All things which, in the judgment of the fence viewers within whose jurisdiction the

fence may be, are equivalent to the things specified in subsections 1 and 2.

4. Any fence upon which the interested parties may agree.

5. A barbed wire fence consisting of at least three barbed wires with at least number

twelve and one-half gauge wire, the wire to be fastened firmly to posts which shall be

not more than twenty feet [6.10 meters] or not more than forty feet [12.19 meters] and

three stays apart. The top wire shall be not less than forty inches [101.6 centimeters]

high, the bottom wire shall be not more than sixteen inches [40.64 centimeters] above

the ground, and no two adjacent wires shall be separated by more than sixteen inches

[40.64 centimeters].

6. A wire fence consisting of five smooth wires with posts not more than two rods [10.06

meters] apart and with good stays not more than eight feet [2.44 meters] apart, the top

wire being not less than forty-eight inches [121.92 centimeters] nor more than fifty-six

inches [142.24 centimeters] and the bottom wire being not less than sixteen inches

[40.64 centimeters] nor more than twenty inches [50.8 centimeters] above the ground.

7. An electrified fence consisting of:

a. One smooth wire located twenty-six inches to thirty-two inches [66.04 centimeters

to 81.28 centimeters] above the ground and posts no more than one hundred feet

[30.48 meters] apart;

b. Two smooth wires, with the top wire located at least twenty-six inches [66.04

centimeters] above the ground, the bottom wire located eight inches to ten inches

[20.32 centimeters to 25.40 centimeters] below the top wire, and posts no more

than one hundred feet [30.48 meters] apart; or

c. Three smooth wires, with the top wire located at least twenty-six inches [66.04

centimeters] above the ground, the middle and bottom wires located eight inches

to twelve inches [20.32 centimeters to 30.48 centimeters] apart, and posts no

more than seventy-five feet [22.86 meters] apart.
N.D. Cent. Code § 47-30.2-70 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-70
47-30.2-70. (1303) Right of agent of apparent owner to recover property held by administrator
Status: in_force

47-30.2-70. (1303) Right of agent of apparent owner to recover property held by

administrator.

1. An apparent owner that contracts with another person to locate, deliver, recover, or

assist in the location, delivery, or recovery of property of the apparent owner which is

held by the administrator may designate the person as the agent of the apparent

owner. The designation must be in a record signed by the apparent owner.

2. The administrator shall give the agent of the apparent owner all information concerning

the property which the apparent owner is entitled to receive, including information that

otherwise is confidential information.
N.D. Cent. Code § 47-31-09 — ND Code / Title 47 / Chapter 47-31 / Section 47-31-09
47-31-09. Injection of substances to facilitate production of oil, gas, or other minerals
Status: in_force

47-31-09. Injection of substances to facilitate production of oil, gas, or other minerals

1. This chapter may not be construed to limit the rights or dominance of a mineral estate

to drill or recomplete a well under chapter 38-08. Injection or migration of substances

into pore space for disposal operations, for secondary or tertiary oil recovery

operations, or otherwise to facilitate production of oil, gas, or other minerals is not

unlawful and, by itself, does not constitute trespass, nuisance, or other tort.

2. This section and chapter 38-08 may not be construed to impair the obligations of any

contract for use of the surface estate for disposal operations, provided the contract

was entered before the effective date of the unit approved by the commission pursuant

to sections 38-08-09 through 38-08-09.17, and provided the disposal well is located

within the unit area of the approved unit.

3. This section and chapter 38-08 may not be construed to allow the operator of a

disposal well where the contract has expired after the effective date of the unit

approved by the commission pursuant to sections 38-08-09 through 38-08-09.17 to

claim the surface owner should not be compensated as if the new contract for the

disposal well on which the contract has expired had been entered after the effective

date of the approved unit.

4. The owner of the surface estate upon which the surface location of a disposal well is

located does not lose, and may not be deemed to have lost, a claim for trespass,

nuisance, or other tort if the operator of the disposal well commences or continues

operations of the disposal well in violation of subsections 2 or 3.
N.D. Cent. Code § 47-25-01 — ND Code / Title 47 / Chapter 47-25 / Section 47-25-01
47-25-01. Trade name defined - Registration
Status: in_force

47-25-01. Trade name defined - Registration

1. a. As used in this section, a "trade name" is a name assumed to identify the

business or activities of an individual or organization and which does not include

in the name:

(1) The true name of the organization using the name;

(2) The first name and surname of each individual using the business name; or

(3) The surname of each individual, repeating a surname if more than one

owner has the same surname.

b. A name assumed under paragraph 3 or a name of an organization or association

not otherwise registered with the secretary of state is a trade name if a license or

permit to conduct business or operations is required by this state.

2. A person or organization that has registered a trade name under this section may

institute a civil suit prohibiting any other person from using the name.

3. This chapter does not prohibit any person engaged in business under a trade name

before July 1, 1959, from continuing business under that name.

4. Notwithstanding any other provision of law, an individual or organization may register

as a trade name under section 47-25-04 any name listed in paragraph 1, 2, or 3 of

subdivision a of subsection 1.
N.D. Cent. Code § 47-04-18 — ND Code / Title 47 / Chapter 47-04 / Section 47-04-18
47-04-18. Life estate - Limitation on term of years
Status: repealed

47-04-18. Life estate - Limitation on term of years

Repealed by omission from this code.
N.D. Cent. Code § 47-02-28 — ND Code / Title 47 / Chapter 47-02 / Section 47-02-28
47-02-28. Termination of future interest - Provision by creator
Status: in_force

47-02-28. Termination of future interest - Provision by creator

A future interest may be defeated in any manner, or by any act or means, which the party

creating such interest provided for or authorized in the creation thereof, nor is a future interest

thus liable to be defeated to be adjudged void in its creation on that ground.