N.D. Cent. Code § 47-19.1-11 — ND Code / Title 47 / Chapter 47-19.1 / Section 47-19.1-11
47-19.1-11. Exceptions
Status: in_force

47-19.1-11. Exceptions

This chapter shall not be:

1. Applied to bar:

a. The rights of any lessor or lessor's successor as reversionary of the lessor's right

to possession on the expiration of any lease by reason of failure to file the notice

herein required.

b. The rights of any remainderman upon the expiration of any life estate or trust

created before the recording of a deed of conveyance as set out in section

47-19.1-01.

c. Rights founded upon any mortgage, trust deed, or contract for sale of lands which

is not barred by the statute of limitations.

d. A mere possibility not coupled with an interest nor a mere right of re-entry or

repossession for breach of a condition subsequent created by a conveyance of

record less than forty years.

2. Deemed to affect the right, title, or interest of the state of North Dakota, or the United

States, in any real estate in North Dakota.

3. Applied to the right, title, or interest of any railroad.
N.D. Cent. Code § 47-21-03 — ND Code / Title 47 / Chapter 47-21 / Section 47-21-03
47-21-03. Copies of performing rights - To be secured from state treasurer
Status: repealed

47-21-03. Copies of performing rights - To be secured from state treasurer

Repealed by S.L. 1987, ch. 558, § 2.
N.D. Cent. Code § 47-19-42.1 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-42.1
47-19-42.1. Validity of conveyance by trust or estate
Status: in_force

47-19-42.1. Validity of conveyance by trust or estate

A conveyance is not void or voidable solely because the grantee in the conveyance is a

trust, rather than the trustee of the trust, or is an estate, rather than the personal representative

of the estate, if the identity of the grantee is reasonably ascertainable from the conveyance or

from other information of public record, or from both.
N.D. Cent. Code § 47-01-06 — ND Code / Title 47 / Chapter 47-01 / Section 47-01-06
47-01-06. Appurtenances defined
Status: in_force

47-01-06. Appurtenances defined

A thing is deemed to be incidental or appurtenant to land when it by right is used with the

land for its benefit, as in the case of a way or watercourse, or of a passage for light, air, or heat

from or across the land of another. Sluice boxes, flumes, hose, pipes, railway tracks, cars,

blacksmith shops, mills, and all other machinery or tools used in working or developing a mine

are deemed affixed to the mine.
N.D. Cent. Code § 47-09-12 — ND Code / Title 47 / Chapter 47-09 / Section 47-09-12
47-09-12. Interpretation of descriptive words
Status: in_force

47-09-12. Interpretation of descriptive words

If any instrument relating to real or personal property shall be executed by or to any person

as trustee, guardian, executor, administrator, or in any other representative capacity, and shall

fail to identify clearly the beneficiary by name and the nature of the trust, the qualifying words in

such instrument shall be treated as surplusage and as description only of the person by whom

or to whom the instrument was executed.
N.D. Cent. Code § 47-30.2-10 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-10
47-30.2-10. (208) When security presumed abandoned
Status: in_force

47-30.2-10. (208) When security presumed abandoned

1. Subject to section 47-30.2-12, a security is presumed abandoned three years after:

a. The date a second consecutive communication sent by the holder by first-class

United States mail to the apparent owner is returned to the holder undelivered by

the United States postal service; or

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

communication is returned, the date the first communication is returned

undelivered to the holder by the United States postal service.

2. If the holder does not send communications to the apparent owner of a security by

first-class United States mail, the holder shall attempt to confirm the apparent owner's

interest in the security by sending the apparent owner an electronic-mail

communication not later than two years after the apparent owner's last indication of

interest in the security. However, the holder promptly shall attempt to contact the

apparent owner by first-class United States mail if:

a. The holder does not have information needed to send the apparent owner an

electronic-mail communication or the holder believes that the apparent owner'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 apparent owner 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 to the holder

undelivered by the United States postal service, the security is presumed abandoned

three years after the date the mail is returned.
N.D. Cent. Code § 47-25-03.1 — ND Code / Title 47 / Chapter 47-25 / Section 47-25-03.1
47-25-03.1. Certain use of trade names by franchisees restricted
Status: in_force

47-25-03.1. Certain use of trade names by franchisees restricted

1. Except as provided in section 47-25-03, an individual or organization that is a

franchisee may not register a licensed trade name under this chapter. If the licensed

trade name is not registered as provided in this chapter, the franchisee may not use

the trade name in this state until the franchisee has provided the following disclosure

information to the secretary of state on a form prescribed by the secretary of state for

that purpose:

a. The true and full name and business address of the franchisee;

b. The complete trade name licensed to the franchisee;

c. The address of each place of business in this state where the franchisee will use

or display the unregistered trade name;

d. The name and address of the franchiser or other licensor of the trade name; and

e. Any other information that the secretary of state may reasonably request to

identify or contact the franchisee.

The disclosure filing required under this subsection is subject to the same filing fee

and renewal requirements as provided in section 47-25-04 for trade name

registrations.

2. A trade name licensed to a franchisee that is not registered under the provisions of this

chapter is not entitled to any trade name protection provided by this chapter.
N.D. Cent. Code § 47-19.1-07 — ND Code / Title 47 / Chapter 47-19.1 / Section 47-19.1-07
47-19.1-07. Evidence of possession recorded
Status: in_force

47-19.1-07. Evidence of possession recorded

For the purpose of this chapter, the fact of possession of an interest in real estate referred

to in section 47-19.1-01 may be shown of record by one or more affidavits containing the legal

description of the real estate and showing that the person is in possession of the interest in real

estate. The recorder shall record the affidavits in the miscellaneous records and index the same

against the real estate. An affidavit of possession may not be filed before the expiration of

twenty years from the recording of the conveyance or other title transaction under which title is

claimed. The holder of an interest in severed minerals is deemed in possession of the minerals

if that person has used the minerals as defined in section 38-18.1-03 and the use is stated in

the affidavit of possession provided for in this section.
N.D. Cent. Code § 47-16-23 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-23
47-16-23. Rent dependent on life of person - Collection after death
Status: in_force

47-16-23. Rent dependent on life of person - Collection after death

Rent dependent on the life of a person may be recovered after as well as before that

person's death.
N.D. Cent. Code § 47-17-01 — ND Code / Title 47 / Chapter 47-17 / Section 47-17-01
47-17-01. Month's notice terminates estate at will
Status: in_force

47-17-01. Month's notice terminates estate at will

A tenancy or other estate at will, however created, may be terminated by the landlord's

giving notice to the tenant in the manner prescribed by section 47-17-02 to remove from the

premises within a period specified in the notice of not less than one month.
N.D. Cent. Code § 47-12-07 — ND Code / Title 47 / Chapter 47-12 / Section 47-12-07
47-12-07. Lender's consent necessary in a third-party transaction
Status: in_force

47-12-07. Lender's consent necessary in a third-party transaction

The borrower of personal property for use shall not part with it to a third person without the

consent of the lender.
N.D. Cent. Code § 47-26-06 — ND Code / Title 47 / Chapter 47-26 / Section 47-26-06
47-26-06. Fences to be kept in repair throughout the year
Status: in_force

47-26-06. Fences to be kept in repair throughout the year

All partition fences shall be kept in good repair throughout the year unless the occupants of

the lands on both sides thereof mutually agree otherwise.
N.D. Cent. Code § 47-27-03 — ND Code / Title 47 / Chapter 47-27 / Section 47-27-03
47-27-03. Violations - Penalty
Status: in_force

47-27-03. Violations - Penalty

Anyone who shall violate the provisions of this chapter shall be guilty of a class B

misdemeanor and, in addition, shall be civilly liable for any damages that may result, directly or

indirectly.
N.D. Cent. Code § 47-19-03.1 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-03.1
47-19-03.1. Deeds and contracts for deeds to include name and address of drafter of legal description
Status: in_force

47-19-03.1. Deeds and contracts for deeds to include name and address of drafter of

legal description.

1. The recorder may not record a deed or contract for deed containing a metes and

bounds legal description which affects the title to or possession of real property that

otherwise may be recorded under this chapter unless the name and address of the

individual who drafted the legal description contained in the deed or contract for deed

appears on the instrument in a legible manner.

2. A deed or contract for deed complies with this section if it contains a statement

substantially in the following form: "The legal description was prepared by

________________ (name) ________________ (address) or obtained from a

previously recorded instrument." The recording of an instrument containing a metes

and bounds legal description obtained from a previously recorded instrument of

conveyance under this section may not be rejected based on section 57-02-39.

3. This section does not apply to any instrument executed before January 1, 2000, or any

instrument executed or acknowledged outside the state. The validity and effect of the

record of any instrument in a recorder's office may not be lessened or impaired by the

fact the instrument does not contain the statement required by this section.
N.D. Cent. Code § 47-11-01 — ND Code / Title 47 / Chapter 47-11 / Section 47-11-01
47-11-01. Mode of transfer - General provisions
Status: in_force

47-11-01. Mode of transfer - General provisions

The mode of transferring personal property other than the beneficial interest in an express

trust is regulated, except as otherwise specifically provided in this title, in title 41.
N.D. Cent. Code § 47-19-14.5 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-14.5
47-19-14.5. Certificate of acknowledgment
Status: repealed

47-19-14.5. Certificate of acknowledgment

Repealed by S.L. 2011, ch. 334, § 6.
N.D. Cent. Code § 47-04.1-06 — ND Code / Title 47 / Chapter 47-04.1 / Section 47-04.1-06
47-04.1-06. Incidents of a condominium grant
Status: in_force

47-04.1-06. Incidents of a condominium grant

Unless otherwise expressly provided for in the deeds, declaration of restrictions or plan, the

incidents of a condominium grant are as follows:

1. The boundaries of the unit granted are the interior surfaces of the perimeter walls,

floors, ceilings, windows and doors thereof, and the units include both the portions of

the building so described and the air-space so encompassed. The following except as

provided above are not part of the unit: bearing walls, columns, floors, roofs,

foundations, elevator equipment and shafts, central heating, central refrigeration and

central air-conditioning equipment, reservoirs, tanks, pumps and other central

services, pipes, ducts, flues, chutes, conduits, wires and other utility installations,

whenever located, except the outlets thereof when located within the unit. In

interpreting deeds and plans the existing physical boundaries of the unit or of a unit

reconstructed in substantial accordance with the original plans thereof shall be

conclusively presumed to be its boundaries rather than the metes and bounds

expressed in the deed or plan, regardless of settling or lateral movement of the

building and regardless of minor variance between boundaries shown on the plan or in

the deed and those of the building.

2. The common areas are owned by the owners of the units as tenants in common in

proportion to each unit's interest.

3. A nonexclusive easement for ingress, egress, and support through the common area

is appurtenant to and inseparable from each unit and the common areas are subject to

such easements.

4. Each condominium owner shall have the exclusive right to paint, repaint, tile, wax,

paper, or otherwise refinish and decorate the inner surfaces of the walls, ceilings,

floors, windows, and doors bounding that owner's own unit.

5. Except as provided in section 47-04.1-09, the common areas shall remain undivided,

and there shall be no judicial partition thereof.
N.D. Cent. Code § 47-19-51 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-51
47-19-51. Filing of bill of sale or other instrument - Notice
Status: in_force

47-19-51. Filing of bill of sale or other instrument - Notice

The filing of a bill of sale or other instrument which transfers the title to personal property

shall operate as notice thereof to all subsequent purchasers and encumbrancers of so much of

said property as is situated, at the time of such filing, in the county wherein such instrument is

filed.
N.D. Cent. Code § 47-19-07 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-07
47-19-07. Place for recording instruments - Fee endorsed
Status: in_force

47-19-07. Place for recording instruments - Fee endorsed

An instrument entitled to be recorded must be recorded by the recorder of the county in

which the real property affected thereby is situated. The recorder in each case must endorse the

amount of the fee for the recording on the instrument recorded.
N.D. Cent. Code § 47-25-03 — ND Code / Title 47 / Chapter 47-25 / Section 47-25-03
47-25-03. Trade name - Nature
Status: reserved

47-25-03. Trade name - Nature

1. A trade name:

a. Must be expressed in letters or characters used in the English language as those

letters or characters appear in the American standard code for information

interchange (ASCII) table.

b. May not contain the word "company", "corporation", "incorporated", "limited",

"limited liability company", "limited partnership", "limited liability partnership",

"limited liability limited partnership", or an abbreviation of any of those words

unless the owner of the trade name is a corporation, limited liability company,

limited partnership, limited liability partnership, or limited liability limited

partnership as indicated by the words used in the name.

c. Must be distinguishable in the records of the secretary of state from a name

reserved or registered with the secretary of state unless there is filed with the

registration a written consent from the holder of the indistinguishable name to use

the proposed name and filing fee of ten dollars, whether domestic or foreign,

including:

(1) A corporate name;

(2) A limited liability company name;

(3) Any other trade name;

(4) A fictitious partnership name;

(5) A limited partnership name;

(6) A limited liability partnership name;

(7) A limited liability limited partnership name; or

(8) A trademark or service mark.

d. That is a franchise must be accompanied by a written consent from the

franchiser.

2. The secretary of state shall determine whether a trade name is distinguishable in the

secretary of state's records from another trade name for purposes of this chapter and

may adopt rules reasonable or necessary for making these determinations.
N.D. Cent. Code § 47-04.1-16 — ND Code / Title 47 / Chapter 47-04.1 / Section 47-04.1-16
47-04.1-16. Electric vehicle charging station installation - Penalty
Status: in_force

47-04.1-16. Electric vehicle charging station installation - Penalty

1. For purposes of this section:

a. "Electric vehicle charging station" means a station that delivers electricity from a

source outside an electric vehicle into one or more electric vehicles. An electric

vehicle charging station may include several charge points simultaneously

connecting several electric vehicles to the station and any related equipment

needed to facilitate charging plug-in electric vehicles.

b. "Reasonable restrictions" means restrictions on the number, size, location, and

manner of placement or installation of an electric vehicle charging station on the

common or limited common area which do not significantly increase the cost of

the electric vehicle charging station or significantly decrease the efficiency or

specified performance of the electric vehicle charging station.

2. Any covenant, restriction, or condition contained in any deed, contract, security

instrument, or other instrument affecting the transfer or sale of any interest in the

property, or any bylaw, that either effectively prohibits or unreasonably restricts the

installation or use of an electric vehicle charging station within an owner's unit or in a

designated parking space, including a deeded parking space, a parking space in an

owner's limited common area, or a parking space specifically designated for use by a

particular owner, or is in conflict with the provisions of this section is void and

unenforceable. This section does not apply to a bylaw that imposes reasonable

restrictions on electric vehicle charging stations.

3. An electric vehicle charging station must meet all applicable health and safety

standards and requirements imposed by law, rule, or regulation. If approval is required

for the installation or use of an electric vehicle charging station, the application for

approval must be processed and approved by the administrative body governing the

condominium in a manner prescribed by the administrative body governing the

condominium and may not be willfully avoided or delayed. The approval or denial of an

application must be in writing. If an application is not denied in writing within sixty days

from the date of receipt of the application, the application is deemed approved, unless

that delay is the result of a reasonable request for additional information.

4. If the electric vehicle charging station is to be placed in a limited common area, as

provided in the required declaration contained in section 47-04.1-02:

a. The owner shall obtain approval from the administrative body governing the

condominium to install the electric vehicle charging station. The administrative

body governing the condominium shall approve the installation in a limited

common area if the owner agrees in writing to:

(1) Comply with the architectural standards of the administrative body

governing the condominium for the installation of the charging station;

(2) Engage a licensed contractor to install the charging station;

(3) Within fourteen days of approval, provide a certificate of insurance that

names the administrative body governing the condominium as an additional

insured under the owner's insurance policy pursuant to subdivision c;

(4) Pay the costs associated with the installation of and the electricity usage

associated with the charging station; and

(5) Comply with any other reasonable regulations, including regulations on the

number, size, location, and manner of placement or installation of electric

vehicle charging stations on the limited common area, as required by the

administrative body governing the condominium.

b. The owner and each successive owner of the charging station is responsible for:

(1) Costs relating to damage to the charging station, common area, limited

common area, or any unit resulting from the installation, maintenance,

repair, removal, or replacement of the charging station;

(2) Costs relating to the maintenance, repair, and replacement of the charging

station until it is removed and for the restoration of the common area after

removal;

(3) The cost of electricity associated with the charging station;

(4) Other costs not listed in this subsection which may arise; and

(5) Disclosing to prospective buyers the existence of any charging station and

the related responsibilities of the owner under this section.

c. The owner of the charging station shall, at all times, maintain a liability coverage

policy not to exceed the value of a typical condominium owner's policy. Within

fourteen days of approval of the application, the owner that submitted the

application to install the charging station shall provide the administrative body

governing the condominium with the corresponding certificate of insurance. The

owner and each successive owner shall provide the administrative body

governing the condominium with the certificate of insurance each year.

d. A homeowner may not be required to maintain a homeowners liability coverage

policy for an existing national electrical manufacturers association standard

alternating current power plug.

e. This section does not prohibit the administrative body governing a condominium

from imposing reasonable regulations on the number, size, and manner of

placement of an electric vehicle charging station in common areas or limited

common areas.

f. The administrative body governing the condominium may deny the installation of

an electric vehicle charging station based on bona fide safety requirements,

consistent with an applicable building code or recognized safety standard, for the

protection of persons and property.

5. Except as provided in subsection 6, if installation of an electric vehicle charging station

in the owner's designated parking space is impossible or unreasonably expensive, the

administrative body governing the condominium may authorize the installation of an

electric vehicle charging station for the exclusive use of an owner in a common area

that is not a limited common area. The administrative body governing the

condominium may deny the installation of an electric vehicle charging station if a

reasonable area is not available or the area cannot be reasonably accessed by the

owner. If installation is authorized under this subsection, the administrative body

governing the condominium shall enter a license agreement with the owner for the use

of the space in a common area and the owner shall comply with all the requirements in

subsection 4.

6. The administrative body governing the condominium or owners may install an electric

vehicle charging station in a common area for the use of all members of the

condominium and develop appropriate terms of use for the charging station.

7. An administrative body governing the condominium may create a new parking space

where one did not previously exist to facilitate the installation of an electric vehicle

charging station.

8. An administrative body governing a condominium which willfully violates this section is

liable for actual damages and shall pay a civil penalty to the applicant or other party in

an amount not to exceed one thousand dollars.

9. Any unit owner installing an electric vehicle charging station shall indemnify and hold

the administrative body governing the condominium harmless from all liability,

including reasonable attorney's fees incurred by the administrative body governing the

condominium resulting from a claim arising out of the installation, maintenance,

operation, or use of the electric vehicle charging station.
N.D. Cent. Code § 47-21.1-04 — ND Code / Title 47 / Chapter 47-21.1 / Section 47-21.1-04
47-21.1-04. Forfeiture and destruction of illegal recordings
Status: in_force

47-21.1-04. Forfeiture and destruction of illegal recordings

Any recording produced in violation of this chapter, and any equipment used in the

production thereof, shall be subject to forfeiture and destruction upon seizure by any state or

local law enforcement agency or officer thereof.
N.D. Cent. Code § 47-18-06 — ND Code / Title 47 / Chapter 47-18 / Section 47-18-06
47-18-06. Homestead - When appraised
Status: in_force

47-18-06. Homestead - When appraised

When an execution for the enforcement of a judgment obtained in a case not within any of

the classes specified under subsections 1, 2, or 3 of section 47-18-04 is levied upon the

homestead, the judgment creditor may apply to the district court in the county in which such

homestead is situated for the appointment of persons to appraise the value thereof.
N.D. Cent. Code § 47-18-07 — ND Code / Title 47 / Chapter 47-18 / Section 47-18-07
47-18-07. Application for appraisers
Status: in_force

47-18-07. Application for appraisers

An application for appraisers must be made upon a verified petition showing:

1. The fact that an execution has been levied upon the homestead;

2. The name of the claimant; and

3. That the value of the homestead exceeds the amount of the homestead exemption.
N.D. Cent. Code § 47-10-28 — ND Code / Title 47 / Chapter 47-10 / Section 47-10-28
47-10-28. Mobile home park - Ownership - Transfer of ownership - Tenant rights - Penalty
Status: in_force

47-10-28. Mobile home park - Ownership - Transfer of ownership - Tenant rights -

Penalty.

1. A person that owns or purchases an existing mobile home park shall:

a. Obtain an annual license under section 23-10-03;

b. Designate an official local office, except if the mobile home park contains fewer

than twenty-six lots, which must be operational on the fifth business day after the

change of ownership;

c. The mobile home park shall:

(1) Have a designated telephone number manned on weekdays between the

hours of eight a.m. and five p.m.;

(2) Have an operational emergency contact number manned at all times;

(3) Designate at least one individual for the property who has the authority to

make decisions on behalf of and perform, or direct the performance of,

duties imposed on the owner; and

(4) Provide a tenant with the contact information of the individual under

paragraph 3;

d. Provide written notice to a tenant of the mobile home park regarding the change

of ownership within five business days after the change of ownership becomes

effective. The written notice must include the information required under

subdivision c;

e. Acknowledge receipt of tenant inquiries or complaints regarding the park,

pursuant to section 23-10-10.1, within two business days of receiving the inquiry

or complaint;

f. Provide to each tenant, upon a written request by the tenant or the tenant's

agent, a copy of the existing lease terms along with any modifications or

amendments, within ten business days of receipt of a written request;

g. Provide each tenant with the name, address, and telephone number of the legal

entity that owns the mobile home park; and

h. Provide the telephone number of any existing property manager or designated

site agent.

2. A person that owns or purchases an existing mobile home park may not require a

tenant who owns a mobile home located on the property to sell or transfer ownership

of the home to the owner of the mobile home park, except as otherwise provided by

law.

3. A person that owns or purchases an existing mobile home park shall provide a tenant

advance written notice of any modifications to park rules or regulations at least thirty

days before the date the modifications take effect. Except for the rules and regulations

under subsections 4 and 5, upon the effective date of modifications to park rules and

regulations, an owner shall provide a tenant who owns a dwelling unit that fails to

comply with the park rules and regulations written notice of the failure to comply and

provide the tenant three months to remedy the failure or vacate the premises before

initiating an action for eviction against the tenant. During the three-month period the

tenant shall comply with the park rules and regulations that were in effect before the

modifications became effective, including the payment of rent and any other financial

obligations under the terms of the lease. During the three-month period, if the tenant

provides the owner a signed document from a person in the business of relocating

mobile homes declaring it is not possible to relocate the tenant's dwelling unit within

the three-month period, the three-month period must be extended to a date when the

dwelling unit can be relocated or the date that is two months after the end of the

three-month period, whichever date occurs first.

4. A person that owns or purchases an existing mobile home park shall provide a tenant

advance written notice of any modifications to park rules and regulations addressing

sanitation and safety concerns at least thirty days before the date the modifications

take effect.

5. A person that owns or purchases an existing mobile home park shall provide a tenant

advance written notice at least thirty days before implementing a rule or regulation

regarding the removal of a tongue hitch, or any other modification to the dwelling unit

to comply with state or federal housing or financing requirements.

6. Mobile home park rules in effect on the date advance written notice regarding

modifications is provided to a tenant remain in effect until the date the modified rules or

regulations take effect.

7. A person that purchases an existing mobile home park may not increase the monthly

tenant rental obligation for six months if the rental amount was increased within the

sixty-day period before the date the new owner acquired ownership of the park. Any

month-to-month tenancy agreement must provide a minimum of ninety days' notice to

the tenant before any rent increase is effective.

8. A person that owns or purchases an existing mobile home park may purchase utility

services, including water and sewer services on behalf of a tenant, and include the

amount in the monthly rental obligation or bill the tenant as a separate charge based

on actual usage. An owner may not charge a tenant more than the actual cost per unit

amount paid by the landlord to the utility service provider, except for a reasonable

administrative fee that may not exceed three dollars. An owner may not charge or back

charge for the utility services of a tenant paying for the services as a portion of the

tenant's monthly rental obligation, unless the cost of providing the services increases.

If the cost of providing utility services increases, an owner of a mobile home park may

charge a tenant a reasonable amount to cover the increased cost of providing the

service. A mobile home park may not charge a fee for a utility without an individual

meter for each mobile home. The owner shall provide the tenant access to the records

of meter readings taken at the mobile home lot of the tenant.

9. A mobile home park owner shall provide a tenant with a summary outlining the tenant's

lease and the rights and obligations of the tenant and mobile home park owner under

state law.

10. A notice of intent to evict a tenant from a mobile home park under section 47-32-02

must include clear, boldfaced language stating: "You do not have to vacate

immediately. You have the right to remain until a court issues an eviction order."

11. A mobile home park may not charge a monthly late fee of more than ten percent of the

monthly rent. In addition to the monthly late fee, a mobile home park may not charge a

daily late fee of more than five dollars per day.

12. A person that violates a provision of this section is subject to a civil penalty not less

than two thousand five hundred dollars but not exceeding the greater of ten thousand

dollars or actual damages, plus actual attorney's fees and costs.

13. A mobile home park license, issued under chapter 23-10, may be suspended by the

district court of the county where the mobile home park is situated for a violation of this

section. The holder of the mobile home park license must be assessed a civil penalty

for each day the holder's license remains suspended. The amount of the daily penalty

is equal to half of the total rent listed on the rent roll for the mobile home park divided

by the number of days in that month. The license holder must prove each violation has

been remedied and has satisfied all civil penalties assessed before the license holder's

license may be reinstated. The district court has discretion over the terms to be

satisfied before a license is reinstated. If a license holder fails to comply with the terms

of the district court's order, the district court may revoke the holder's license. All park

tenants must be allowed to continue to reside in the mobile home park through the

duration of the license suspension, unless the department of health and human

services takes further disciplinary action against the license under chapter 23-10.

During the period of suspension, the license holder or the license holder's agent may

not modify the park rules or regulations, modify any tenant's rental arrangement,

increase any tenant's rental rate, or terminate any tenant's lease without cause.

14. In a dispute between a landlord and a tenant under this section, the district court of the

county in which the dispute arose has original jurisdiction over the dispute relating to

the suspension of a license. For the recovery of civil damages under subsection 12,

the tenant may elect to commence the action in small claims court or district court. If

an action between a landlord and tenant is commenced, the tenant shall continue

paying rent and comply with all park rules and regulations in effect at the time the

action was commenced. During a pending action under this section, the license holder

or the license holder's agent may not modify the park rules or regulations, modify the

tenant's rental arrangement, increase a tenant's monthly rental rate, or terminate a

tenant's lease without cause.
N.D. Cent. Code § 47-12-02 — ND Code / Title 47 / Chapter 47-12 / Section 47-12-02
47-12-02. Degree of care to be exercised by borrower
Status: in_force

47-12-02. Degree of care to be exercised by borrower

A borrower for use shall exercise great care for the preservation in safety and in good

condition of the personal property borrowed.
N.D. Cent. Code § 47-26-10 — ND Code / Title 47 / Chapter 47-26 / Section 47-26-10
47-26-10. Party erecting all or more than just share of partition fence may recover
Status: in_force

47-26-10. Party erecting all or more than just share of partition fence may recover

If, in a controversy which has arisen between the occupants of adjoining lands as to their

rights in a partition fence, it shall appear to the proper fence viewers that either of the

occupants, before the making of a complaint, had voluntarily erected all, or more than that

occupant's just share, of the fence or otherwise had become proprietor thereof, the other

occupant shall pay for as much of the fence as shall be assigned to that occupant to repair and

maintain. The amount that shall be paid to the aggrieved party shall be ascertained and

recovered as provided in section 47-26-08.
N.D. Cent. Code § 47-36-05 — ND Code / Title 47 / Chapter 47-36 / Section 47-36-05
47-36-05. Procedure for disclosing digital assets
Status: in_force

47-36-05. Procedure for disclosing digital assets

1. When disclosing digital assets of a user under this chapter, the custodian may at its

sole discretion:

a. Grant a fiduciary or designated recipient full access to the user's account;

b. Grant a fiduciary or designated recipient partial access to the user's account

sufficient to perform the tasks with which the fiduciary or designated recipient is

charged; or

c. Provide a fiduciary or designated recipient a copy in a record of any digital asset

that, on the date the custodian received the request for disclosure, the user could

have accessed if the user were alive and had full capacity and access to the

account.

2. A custodian may assess a reasonable administrative charge for the cost of disclosing

digital assets under this chapter.

3. A custodian need not disclose under this chapter a digital asset deleted by a user.

4. If a user directs or a fiduciary requests a custodian to disclose under this chapter

some, but not all, of the user's digital assets, the custodian need not disclose the

assets if segregation of the assets would impose an undue burden on the custodian. If

the custodian believes the direction or request imposes an undue burden, the

custodian or fiduciary may seek an order from the court to disclose:

a. A subset limited by date of the user's digital assets;

b. All of the user's digital assets to the fiduciary or designated recipient;

c. None of the user's digital assets; or

d. All of the user's digital assets to the court for review in camera.
N.D. Cent. Code § 47-10-18 — ND Code / Title 47 / Chapter 47-10 / Section 47-10-18
47-10-18. Liability of grantor
Status: in_force

47-10-18. Liability of grantor

Whoever conveys real estate by deed or mortgage containing a covenant that it is free from

all encumbrances, when an encumbrance appears of record to exist thereon, whether known or

unknown to that person, shall be liable in an action of contract, to the grantee and the grantee's

heirs, executors, administrators, successors, grantees, or assigns for all damages sustained in

removing the same.
N.D. Cent. Code § 47-24.1-15 — ND Code / Title 47 / Chapter 47-24.1 / Section 47-24.1-15
47-24.1-15. Custodian's expense, compensation, and bond
Status: in_force

47-24.1-15. Custodian's expense, compensation, and bond

1. A custodian is entitled to reimbursement from custodial property for reasonable

expenses incurred in the performance of the custodian's duties.

2. Except for one who is a transferor under section 47-24.1-12, a custodian has a

noncumulative election during each calendar year to charge reasonable compensation

for services performed during that year.

3. Except as provided in subsection 6 of section 47-24.1-18, a custodian need not give a

bond.
N.D. Cent. Code § 47-22-03 — ND Code / Title 47 / Chapter 47-22 / Section 47-22-03
47-22-03. Application for registration
Status: in_force

47-22-03. Application for registration

Subject to the limitations set forth in this chapter, any person who adopts and uses a mark

in this state may file in the office of the secretary of state, on a form to be furnished by the

secretary of state, an application for registration of that mark setting forth, but not limited to, the

following information:

1. The name and business address of the person applying for such registration; if a

corporation, the state or country of incorporation and address of the principal place of

business; if a limited partnership, the state or country of the organization and address

of the principal place of business; and, if a limited liability company, the state or

country of organization and the principal place of business;

2. The goods or services in connection with which the mark is used and the mode or

manner in which the mark is used in connection with such goods or services and the

class, or classes, in which such goods or services fall;

3. The date when the mark was first used anywhere and the date when it was first used

in this state by the applicant or the applicant's predecessor in business; and

4. A statement that the applicant is the owner of the mark and that no other person has

the right to use such mark in this state either in the identical form thereof or in such

near resemblance thereto as might be calculated to deceive or to be mistaken therefor.

The application must be signed by the applicant or by a member of the firm, an officer of the

corporation or association, or manager of the limited liability company applying.

The application must be accompanied by a specimen or facsimile of such mark in duplicate.

The application for registration must be accompanied by a filing fee of thirty dollars for one

class of goods or services and twenty dollars for each additional class, payable to the secretary

of state.
N.D. Cent. Code § 47-30.2-29 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-29
47-30.2-29. (504) Cooperation among state officers and agencies to locate apparent owner
Status: in_force

47-30.2-29. (504) Cooperation among state officers and agencies to locate apparent

owner.

Unless prohibited by a law of this state other than this chapter, on request of the

administrator, each officer, agency, board, commission, division, and department of this state,

any body politic and corporate created by this state for a public purpose, and each political

subdivision of this state shall make its books and records available to the administrator and

cooperate with the administrator to determine the current address of an apparent owner of

property held by the administrator under this chapter.
N.D. Cent. Code § 47-14-10 — ND Code / Title 47 / Chapter 47-14 / Section 47-14-10
47-14-10. Civil liability for usury - Forfeiture of interest
Status: in_force

47-14-10. Civil liability for usury - Forfeiture of interest

The taking, receiving, reserving, or charging of a rate of interest greater than is allowed by

the laws of this state relative to usury shall be deemed a forfeiture of the entire interest which

the note, bill, or other evidence of debt carries with it or which has been agreed to be paid

thereon, and in addition thereto, a forfeiture of twenty-five percent of the principal thereof. In

case the greater rate of interest has been paid, the person by whom it has been paid, or that

person's legal representative may:

1. Recover back twice the amount of interest thus paid, together with twenty-five percent

of the principal from the person taking or receiving the same, but an action must be

commenced for such purpose within four years after the time when the usurious

transaction occurred; or

2. Offset twice the amount of such interest against any indebtedness which the person

who paid the same owes to the party or parties receiving such usurious interest.
N.D. Cent. Code § 47-30.2-49 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-49
47-30.2-49. (902) When property subject to recovery by another state
Status: in_force

47-30.2-49. (902) When property subject to recovery by another state

1. Property held under this chapter by the administrator is subject to the right of another

state to take custody of the property if:

a. The property was paid or delivered to the administrator because the records of

the holder did not reflect a last-known address of the apparent owner in the other

state and:

(1) The other state establishes that the last-known address of the apparent

owner or other person entitled to the property was in the other state; or

(2) Under the law of the other state, the property has become subject to a claim

by the other state of abandonment;

b. The records of the holder did not accurately identify the owner of the property, the

last-known address of the owner was in another state, and, under the law of the

other state, the property has become subject to a claim by the other state of

abandonment;

c. The property was subject to the custody of the administrator of this state under

section 47-30.2-19 and, under the law of the state of domicile of the holder, the

property has become subject to a claim by the state of domicile of the holder of

abandonment; or

d. The property:

(1) Is a sum payable on a traveler's check, money order, or similar instrument

that was purchased in the other state and delivered to the administrator

under section 47-30.2-20; and

(2) Under the law of the other state, has become subject to a claim by the other

state of abandonment.

2. A claim by another state to recover property under this section must be presented in a

form prescribed by the administrator, unless the administrator waives presentation of

the form.

3. The administrator shall decide a claim under this section not later than ninety days

after it is presented. If the administrator determines that the other state is entitled

under subsection 1 to custody of the property, the administrator shall allow the claim

and pay or deliver the property to the other state.

4. The administrator may require another state, before recovering property under this

section, to agree to indemnify this state and its agents, officers, and employees

against any liability on a claim to the property.
N.D. Cent. Code § 47-30.2-34 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-34
47-30.2-34. (605) Recovery of property by holder from administrator
Status: in_force

47-30.2-34. (605) Recovery of property by holder from administrator

1. A holder that under this chapter pays money to the administrator may file a claim for

reimbursement from the administrator of the amount paid if the holder:

a. Paid the money in error; or

b. After paying the money to the administrator, paid money to a person the holder

reasonably believed was entitled to the money.

2. A holder that under this chapter delivers property other than money to the

administrator may file a claim for return of the property from the administrator if:

a. The holder delivered the property in error; or

b. The apparent owner has claimed the property from the holder.

3. If a claim for return of property under subsection 2 is made, the holder shall include

with the claim evidence sufficient to establish that:

a. The apparent owner has claimed the property from the holder and that the

property was delivered to the apparent owner in full; or

b. The property was delivered by the holder to the administrator in error.

4. The administrator may determine that an affidavit submitted by a holder is evidence

sufficient to establish that the holder is entitled to reimbursement or to recover property

under this section.

5. A holder is not required to pay a fee or other charge for reimbursement or return of

property under this section.

6. Not later than ninety days after a claim is filed under subsection 1 or 2, the

administrator shall allow or deny the claim and give the claimant notice of the decision

in a record.
N.D. Cent. Code § 47-05-17 — ND Code / Title 47 / Chapter 47-05 / Section 47-05-17
47-05-17. Severance of the right of access for hunting access prohibited
Status: in_force

47-05-17. Severance of the right of access for hunting access prohibited

The right of access to land to shoot, shoot at, pursue, take, attempt to take, or kill any game

animals or game birds; search for or attempt to locate or flush any game animals and game

birds; lure, call, or attempt to attract game animals or game birds; hide for the purpose of taking

or attempting to take game animals or game birds; and walk, crawl, or advance toward wildlife

while possessing implements or equipment useful in the taking of game animals or game birds

may not be severed from the surface estate. This section does not apply to deeds, instruments,

or interests in property recorded or executed before August 1, 2007.
N.D. Cent. Code § 47-02-14 — ND Code / Title 47 / Chapter 47-02 / Section 47-02-14
47-02-14. Determination of time of creation of limitation
Status: in_force

47-02-14. Determination of time of creation of limitation

The delivery of the grant, where a limitation, condition, or future interest is created by grant,

and the death of the testator, when it is created by will, is to be deemed the time of the creation

of the limitation, condition, or interest within the meaning of the laws of this state.
N.D. Cent. Code § 47-20.2-05 — ND Code / Title 47 / Chapter 47-20.2 / Section 47-20.2-05
47-20.2-05. North Dakota coordinate system origins defined
Status: in_force

47-20.2-05. North Dakota coordinate system origins defined

1. For the purposes of more precisely defining the North Dakota coordinate system of

1927, the following definitions by the United States coast and geodetic survey are

adopted:

a. The North Dakota coordinate system of 1927, north zone, is a Lambert conformal

conic projection of the Clarke spheroid of 1866, having standard parallels at north

latitudes, forty-seven degrees twenty-six minutes and forty-eight degrees

forty-four minutes along which parallels the scale shall be exact. The origin of

coordinates is at the intersection of the meridian one hundred degrees thirty

minutes west of Greenwich and the parallel forty-seven degrees zero minutes

north latitude. This origin is given the coordinates: x = 2,000,000 feet [609.6

kilometers], and y = 0 feet [0 kilometers].

b. The North Dakota coordinate system of 1927, south zone, is a Lambert conformal

conic projection of the Clarke spheroid of 1866, having standard parallels at north

latitudes forty-six degrees eleven minutes and forty-seven degrees twenty-nine

minutes along which parallels the scale shall be exact. The origin of coordinates

is at the intersection of the meridian one hundred degrees thirty minutes west of

Greenwich and the parallel forty-five degrees forty minutes north latitude. This

origin is given the coordinates: x = 2,000,000 feet [609.6 kilometers], and y = 0

feet [0 kilometers].

2. For the purposes of more precisely defining the North Dakota coordinate system of

1983, the following definition by the national ocean survey/national geodetic survey is

adopted:

a. The North Dakota coordinate system of 1983, north zone, is a Lambert conformal

conic projection of the North American datum of 1983, having standard parallels

at north latitude of forty-seven degrees twenty-six minutes and forty-eight

degrees forty-four minutes along which parallels the scale shall be exact. The

origin of coordinates is at the intersection of the meridian one hundred degrees

thirty minutes west of Greenwich and the parallel forty-seven degrees zero

minutes north latitude. This origin is given the coordinates: x = 600,000.0000

meters, and y = 00.0000 meters.

b. The North Dakota coordinate system of 1983, south zone, is a Lambert conformal

conic projection of the North American datum of 1983, having standard parallels

at north latitude of forty-six degrees eleven minutes and forty-seven degrees

twenty-nine minutes along which parallels the scale shall be exact. The origin of

coordinates is at the intersection of the meridian one hundred degrees thirty

minutes west of Greenwich and the parallel forty-five degrees forty minutes north

latitude. This origin is given the coordinates: x = 600,000.0000 meters, and y =

00.0000 meters.

3. For the purposes of more precisely defining the statewide zone of the North Dakota

coordinate system of 2022, the definition by the national ocean survey or national

geodetic survey is the North Dakota coordinate system of 2022, statewide zone, a

Lambert conformal conic projection of the North American Terrestrial Reference Frame

of 2022. The origin of coordinates is at the intersection of the meridian one hundred

degrees fifteen minutes west of Greenwich and the parallel forty-seven degrees thirty

minutes north latitude. This origin is given the coordinates: x = 838,200.0000 meters,

and y = 342,900.0000 meters.

4. For the purposes of more precisely defining the low-distortion projections as described

under subsection 3 of section 47-20.2-01, the following definition by the national ocean

survey or national geodetic survey is adopted:

a. The North Dakota coordinate system of 2022, Beulah zone, is a Lambert

conformal conic projection of the North American Terrestrial Reference Frame of

2022, the origin of coordinates is at the intersection of the meridian one hundred

one degrees fifty-one minutes west of Greenwich and the parallel forty-seven

degrees twenty-seven minutes north latitude. This origin is given the coordinates:

x = 2,286,000.0000 meters, and y = 152,400.0000 meters;

b. The North Dakota coordinate system of 2022, Bismarck zone, is a Lambert

conformal conic projection of the North American Terrestrial Reference Frame of

2022, the origin of coordinates is at the intersection of the meridian one hundred

degrees forty-five minutes west of Greenwich and the parallel forty-six degrees

forty-eight minutes north latitude. This origin is given the coordinates:

x = 3,200,400.0000 meters, and y = 114,300.0000 meters;

c. The North Dakota coordinate system of 2022, Bottineau zone, is a Lambert

conformal conic projection of the North American Terrestrial Reference Frame of

2022, the origin of coordinates is at the intersection of the meridian ninety-nine

degrees forty-two minutes west of Greenwich and the parallel forty-eight degrees

thirty-six minutes north latitude. This origin is given the coordinates:

x = 1,371,600.0000 meters, and y = 152,400.0000 meters;

d. The North Dakota coordinate system of 2022, Bowman zone, is a Lambert

conformal conic projection of the North American Terrestrial Reference Frame of

2022, the origin of coordinates is at the intersection of the meridian one-hundred

three degrees west of Greenwich and the parallel forty-six degrees eighteen

minutes north latitude. This origin is given the coordinates: x = 3,810,000.0000

meters, and y = 114,300.0000 meters;

e. The North Dakota coordinate system of 2022, Cannon Ball zone, is a Lambert

conformal conic projection of the North American Terrestrial Reference Frame of

2022, the origin of coordinates is at the intersection of the meridian one-hundred

one degrees eighteen minutes west of Greenwich and the parallel forty-six

degrees eighteen minutes north latitude. This origin is given the coordinates:

x = 4,114,800.0000 meters, and y = 114,300.0000 meters;

f. The North Dakota coordinate system of 2022, Carrington zone, is a Lambert

conformal conic projection of the North American Terrestrial Reference Frame of

2022, the origin of coordinates is at the intersection of the meridian ninety-nine

degrees eighteen minutes west of Greenwich and the parallel forty-seven

degrees thirty-three minutes north latitude. This origin is given the coordinates:

x = 2,590,800.0000 meters, and y = 152,400.0000 meters;

g. The North Dakota coordinate system of 2022, Devils Lake zone, is a Lambert

conformal conic projection of the North American Terrestrial Reference Frame of

2022, the origin of coordinates is at the intersection of the meridian ninety-nine

degrees twenty-seven minutes west of Greenwich and the parallel forty-eight

degrees nine minutes north latitude. This origin is given the coordinates:

x = 1,676,400.0000 meters, and y = 152,400.0000 meters;

h. The North Dakota coordinate system of 2022, Dickinson zone, is a Lambert

conformal conic projection of the North American Terrestrial Reference Frame of

2022, the origin of coordinates is at the intersection of the meridian one hundred

three degrees three minutes west of Greenwich and the parallel forty-seven

degrees north latitude. This origin is given the coordinates: x = 2,895,600.0000

meters, and y = 114,300.0000 meters;

i. The North Dakota coordinate system of 2022, Fargo zone, is a transverse

mercator projection of the North American Terrestrial Reference Frame of 2022,

the origin of coordinates is at the intersection of the meridian ninety-seven

degrees twelve minutes west of Greenwich and the parallel forty-five degrees

forty-five minutes north latitude. This origin is given the coordinates:

x = 4,991,100.0000 meters, and y = 00.0000 meters;

j. The North Dakota coordinate system of 2022, Grand Forks zone, is a transverse

mercator projection of the North American Terrestrial Reference Frame of 2022,

the origin of coordinates is at the intersection of the meridian ninety-seven

degrees twenty-four minutes west of Greenwich and the parallel forty-six degrees

thirty minutes north latitude. This origin is given the coordinates:

x = 1,981,200.0000 meters, and y = 00.0000 meters;

k. The North Dakota coordinate system of 2022, Jamestown zone, is a Lambert

conformal conic projection of the North American Terrestrial Reference Frame of

2022, the origin of coordinates is at the intersection of the meridian ninety-eight

degrees thirty-six minutes west of Greenwich and the parallel forty-six degrees

fifty-seven minutes north latitude. This origin is given the coordinates:

x = 3,505,200.0000 meters, and y = 114,300.0000 meters;

l. The North Dakota coordinate system of 2022, Linton zone, is a Lambert

conformal conic projection of the North American Terrestrial Reference Frame of

2022, the origin of coordinates is at the intersection of the meridian ninety-nine

degrees fifty-one minutes west of Greenwich and the parallel forty-six degrees

eighteen minutes north latitude. This origin is given the coordinates:

x = 4,381,500.0000 meters, and y = 114,300.0000 meters;

m. The North Dakota coordinate system of 2022, Minot zone, is a transverse

mercator projection of the North American Terrestrial Reference Frame of 2022,

the origin of coordinates is at the intersection of the meridian one hundred one

degrees twenty-seven minutes west of Greenwich and the parallel forty-six

degrees thirty minutes north latitude. This origin is given the coordinates:

x = 1,104,900.0000 meters, and y = 00.0000 meters;

n. The North Dakota coordinate system of 2022, New Town zone, is a transverse

mercator projection of the North American Terrestrial Reference Frame of 2022,

the origin of coordinates is at the intersection of the meridian one hundred two

degrees twenty-seven minutes west of Greenwich and the parallel forty-six

degrees thirty minutes north latitude. This origin is given the coordinates:

x = 762,000.0000 meters, and y = 00.0000 meters;

o. The North Dakota coordinate system of 2022, Oakes zone, is a transverse

mercator projection of the North American Terrestrial Reference Frame of 2022,

the origin of coordinates is at the intersection of the meridian ninety-eight degrees

eighteen minutes west of Greenwich and the parallel forty-five degrees forty-five

minutes north latitude. This origin is given the coordinates: x = 4,686,300.0000

meters, and y = 00.0000 meters; and

p. The North Dakota coordinate system of 2022, Williston zone, is a transverse

mercator projection of the North American Terrestrial Reference Frame of 2022,

the origin of coordinates is at the intersection of the meridian one hundred three

degrees twenty-seven minutes west of Greenwich and the parallel forty-six

degrees thirty minutes north latitude. This origin is given the coordinates:

x = 457,200.0000 meters, and y = 00.0000 meters.
N.D. Cent. Code § 47-25-05 — ND Code / Title 47 / Chapter 47-25 / Section 47-25-05
47-25-05. Certificate of registration
Status: in_force

47-25-05. Certificate of registration

Every certificate of the registration of a trade name, within thirty days from the time of the

registration of such trade name, must be indexed in the office of the secretary of state and a

copy of the certificate must be given to the registrant.
N.D. Cent. Code § 47-05-07 — ND Code / Title 47 / Chapter 47-05 / Section 47-05-07
47-05-07. Servitude - Extent
Status: in_force

47-05-07. Servitude - Extent

The extent of a servitude is determined by the terms of the grant or the nature of the

enjoyment by which it was acquired.
N.D. Cent. Code § 47-08-06 — ND Code / Title 47 / Chapter 47-08 / Section 47-08-06
47-08-06. Willful uniting material without consent - Nonconsenting owner entitled to product - Limitation
Status: in_force

47-08-06. Willful uniting material without consent - Nonconsenting owner entitled to

product - Limitation.

The foregoing sections of this chapter are not applicable to cases in which one willfully uses

the materials of another without the other's consent. In such cases the product belongs to the

owner of the materials if their identity can be traced.
N.D. Cent. Code § 47-01-14 — ND Code / Title 47 / Chapter 47-01 / Section 47-01-14
47-01-14. Land below high water mark - Regulated by federal or state law
Status: repealed

47-01-14. Land below high water mark - Regulated by federal or state law

Repealed by S.L. 1995, ch. 435, § 2.
N.D. Cent. Code § 47-09-18 — ND Code / Title 47 / Chapter 47-09 / Section 47-09-18
47-09-18. Land transfers - Filing requirements
Status: in_force

47-09-18. Land transfers - Filing requirements

A transfer of land between any federal, state, or local governmental entities must have a

deed with a proper legal description filed with the county recorder.
N.D. Cent. Code § 47-10-03 — ND Code / Title 47 / Chapter 47-10 / Section 47-10-03
47-10-03. Agreement to give usual covenants on sale - Duty imposed
Status: in_force

47-10-03. Agreement to give usual covenants on sale - Duty imposed

An agreement on the part of a seller of real property to give the usual covenants binds the

seller to insert in the grant covenants of seizin, quiet enjoyment, further assurance, general

warranty, and against encumbrances.
N.D. Cent. Code § 47-19.1-06 — ND Code / Title 47 / Chapter 47-19.1 / Section 47-19.1-06
47-19.1-06. Notice recorded and indexed
Status: in_force

47-19.1-06. Notice recorded and indexed

The recorder of each county shall accept all such notices which describe real estate located

within the county which the recorder serves and shall enter and record such notices in full

among miscellaneous instruments and index the same against the real estate.
N.D. Cent. Code § 47-02-27.4 — ND Code / Title 47 / Chapter 47-02 / Section 47-02-27.4
47-02-27.4. Exclusions from statutory rule against perpetuities
Status: in_force

47-02-27.4. Exclusions from statutory rule against perpetuities

Section 47-02-27.1 does not apply to:

1. A contingent property interest or a power of appointment arising out of a nondonative

transfer, except a contingent property interest or a power of appointment arising out of

a premarital or postmarital agreement, a separation or divorce settlement, a spouse's

election, a similar arrangement arising out of a prospective, existing, or previous

marital relationship between the parties, a contract to make or not to revoke a will or

trust, a contract to exercise or not to exercise a power of appointment, a transfer in

satisfaction of a duty of support, or a reciprocal transfer.

2. A fiduciary's power relating to the administration or management of assets, including

the power of a fiduciary to sell, lease, or mortgage property, and the power of a

fiduciary to determine principal and income.

3. A power to appoint a fiduciary.

4. A discretionary power of a trustee to distribute principal before termination of a trust to

a beneficiary having an indefeasibly vested interest in the income and principal.

5. A contingent property interest held by a charity, government, or governmental agency

or subdivision, if the contingent property interest is preceded by an interest held by

another charity, government, or governmental agency or subdivision.

6. A property interest, power of appointment, or arrangement that was not subject to the

common-law rule against perpetuities or excluded by another statute of this state.

7. Except to the extent otherwise provided in the governing instrument of a business

trust, a business trust has perpetual existence, and a business trust may not be

terminated or revoked by a beneficial owner or other person except in accordance with

the terms of its governing instrument. A business trust, whether domestic or foreign,

except for a real estate investment trust, may not own any interest in real property

within this state. As used in this subsection "real estate investment trust" means a trust

qualifying as a real estate investment trust under section 856 et seq., of the United

States Internal Revenue Code of 1986 [26 U.S.C. 856 et seq.], or a trust qualifying as

a real estate mortgage investment conduit under section 860D of the United States

Internal Revenue Code of 1986 [26 U.S.C. 860D].
N.D. Cent. Code § 47-25-02.1 — ND Code / Title 47 / Chapter 47-25 / Section 47-25-02.1
47-25-02.1. Electronic filing of trade name registration
Status: in_force

47-25-02.1. Electronic filing of trade name registration

A person or organization may file a trade name registration by electronic communication

with the secretary of state. The following definitions apply to electronic trade name filings with

the secretary of state:

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

optical, electromagnetic, or similar capabilities.

2. "Electronic communication" means any form of communication acceptable to the

secretary of state, not directly involving the physical transmission of paper:

a. That creates a record that may be retained, retrieved, and reviewed by a recipient

of the communication; and

b. That may be directly reproduced in paper form by the recipient through an

automated process.

3. "Electronic record" means a record created, generated, sent, communicated, received,

or stored by electronic means.

4. "Electronic signature" means an electronic sound, symbol, or process attached to or

logically associated with a record and executed or adopted by a person with the intent

to sign the record.

5. "Legal recognition" means a record or signature may not be denied legal effect or

enforceability solely because it is in electronic form. If a provision of this chapter

requires:

a. A record to be in writing, an electronic record satisfies the requirement.

b. A signature, an electronic signature satisfies the requirement.

6. "Signed" means that the signature of a person, which may be a facsimile affixed,

engraved, printed, placed, stamped with indelible ink, transmitted by facsimile

telecommunication or electronically, or in any other manner reproduced on the

document, and is communicated by a method or medium of communication

acceptable to the secretary of state.
N.D. Cent. Code § 47-30.2-32 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-32
47-30.2-32. (603) Payment or delivery of property to administrator
Status: in_force

47-30.2-32. (603) Payment or delivery of property to administrator

1. Except as otherwise provided in this section, on filing a report under section

47-30.2-21, the holder shall pay or deliver to the administrator the property described

in the report.

2. If property in a report under section 47-30.2-21 is an automatically renewable deposit

and a penalty or forfeiture in the payment of interest would result from paying the

deposit to the administrator at the time of the report, the date for payment of the

property to the administrator is extended until a penalty or forfeiture no longer would

result from payment, if the holder informs the administrator of the extended date.

3. If property reported to the administrator under section 47-30.2-21 is a security, the

administrator may:

a. Make an endorsement, instruction, or entitlement order on behalf of the apparent

owner to invoke the duty of the issuer, the transfer agent of the issuer, or the

securities intermediary to transfer the security; or

b. Dispose of the security under section 47-30.2-41.

4. If the holder of property reported to the administrator under section 47-30.2-21 is the

issuer of a certificated security, the administrator may obtain a replacement certificate

in physical or book-entry form under section 41-08-38. An indemnity bond is not

required.

5. The administrator shall establish procedures for the registration, issuance, method of

delivery, transfer, and maintenance of securities delivered to the administrator by a

holder.

6. An issuer, holder, or transfer agent acting under this section under instructions of and

on behalf of the issuer or holder is not liable to the apparent owner for, and shall be

indemnified by the state against, a claim arising with respect to property after the

property has been delivered in good faith to the administrator.

7. A holder is not required to deliver to the administrator a security identified by the holder

as a non-freely transferable security. If the administrator or holder determines that a

security is no longer a non-freely transferable security, the holder shall deliver the

security on the next regular date prescribed for delivery of securities under this

chapter. The holder shall make a determination annually whether a security identified

in a report filed under section 47-30.2-21 as a non-freely transferable security is no

longer a non-freely transferable security.

8. If property reported to the administrator is virtual currency, the holder shall liquidate the

virtual currency and remit the proceeds to the administrator. The liquidation must occur

anytime within thirty days before the filing of the report under section 47-30.2-21. The

owner may not have recourse against the holder or the administrator to recover any

gain in value occurring after the liquidation of the virtual currency under this

subsection.
N.D. Cent. Code § 47-30.2-04 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-04
47-30.2-04. (201) When property presumed abandoned
Status: in_force

47-30.2-04. (201) When property presumed abandoned

Subject to section 47-30.2-12, the following property is presumed abandoned if it is

unclaimed by the apparent owner during the period specified below:

1. Except as provided in this section, checks held, issued, or owing in the ordinary course

of the holder's business which remain uncashed by the owner two years after

becoming payable;

2. A traveler's check, fifteen years after issuance;

3. A money order, seven years after issuance;

4. A state or municipal bond, bearer bond, or original-issue-discount bond, three years

after the earliest of the date:

a. The bond matures;

b. The bond is called; or

c. The obligation to pay the principal of the bond arises;

5. A debt of a business association, three years after the obligation to pay arises;

6. A payroll card or a demand, savings, or time deposit, including a time deposit that is

automatically renewable, five years after the date of maturity of the time deposit or the

date of the last indication of interest in the property by the apparent owner, whichever

is earlier, provided a time deposit that is automatically renewable is deemed matured

on its initial date of maturity unless the apparent owner has consented in a record on

file with the holder to renewal at or about the time of the renewal. If an apparent owner

has another established account with the financial institution and has demonstrated

interest in any account under section 47-30.2-12, then all accounts must be

considered active;

7. A cashier's check or certified check, two years after issuance;

8. Money or a credit owed to a customer as a result of a retail business transaction, other

than in-store credit for returned merchandise, three years after the obligation arose;

9. An amount owed by an insurance company on a life or endowment insurance policy or

an annuity contract that has matured or terminated, three years after the obligation to

pay arose under the terms of the policy or contract or, if a policy or contract for which

an amount is owed on proof of death has not matured by proof of the death of the

insured or annuitant, as follows:

a. With respect to an amount owed on a life or endowment insurance policy, three

years after the earlier of the date:

(1) The insurance company has knowledge of the death of the insured; or

(2) The insured has attained, or would have attained if living, the limiting age

under the mortality table on which the reserve for the policy is based; and

b. With respect to an amount owed on an annuity contract, three years after the

date the insurance company has knowledge of the death of the annuitant.

10. Property distributable by a business association in the course of dissolution, one year

after the property becomes distributable;

11. Property held by a court, including property received as proceeds of a class action,

three years after the property becomes distributable;

12. Property held by a government or political subdivision, agency, or instrumentality,

including municipal bond interest and unredeemed principal under the administration

of a paying agent or indenture trustee, three years after the property becomes

distributable;

13. Wages, commissions, bonuses, or reimbursements to which an employee is entitled,

or other compensation for personal services, one year after the amount becomes

payable;

14. A deposit or refund owed to a subscriber by a utility, one year after the deposit or

refund becomes payable;

15. A security deposit, including interest on the security deposit, made in advance by a

person to secure an agreement for rights of services, less any lawsuit deductions,

which remains unclaimed by the owner for more than one year after termination of the

agreement for which the deposit or advance payment was made;

16. A sum payable as mineral proceeds which has remained unclaimed by the owner for

more than three years after it became payable or distributable and the owner's

underlying right to receive those mineral proceeds are deemed abandoned. At the time

an owner's underlying right to receive mineral proceeds is deemed abandoned, any

mineral proceeds then owing to the owner and any proceeds accruing after that time

are deemed abandoned;

17. Virtual currency, three years after the apparent owner's last indication of interest in the

property;

18. Excess proceeds from the sale of abandoned vehicles under chapter 23.1-15, the time

prescribed by section 23.1-15-07;

19. Excess proceeds from the sale of public or private property under chapter 57-28, the

time prescribed by section 57-28-20; and

20. Property not specified in this section or sections 47-30.2-05 through 47-30.2-10, the

earlier of three years after the owner first has a right to demand the property or the

obligation to pay or distribute the property arises.
N.D. Cent. Code § 47-38-04 — ND Code / Title 47 / Chapter 47-38 / Section 47-38-04
47-38-04. Actual damages - Costs and attorney's fees
Status: in_force

47-38-04. Actual damages - Costs and attorney's fees

The district court shall award the actual damages arising from the unfair service agreement,

actual attorney's fees proven against the service provider, and costs incurred by the challenging

party if the party with an interest in residential real estate subject to a service agreement has

been found to be unfair by a district court.
N.D. Cent. Code § 47-16-39.3 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-39.3
47-16-39.3. Division orders - Definition, function, and operation
Status: in_force

47-16-39.3. Division orders - Definition, function, and operation

A division order is an instrument executed by the operator, the royalty owners, and any

other person having an interest in the production directing the purchaser of oil or gas to pay for

the products taken in the proportions set out in the instrument. Royalty payments may not be

withheld because an interest owner has not executed a division order. A division order may not

alter or amend the terms of the oil and gas lease. A division order that varies the terms of the oil

and gas lease is invalid to the extent of the variance and the terms of the oil and gas lease take

precedence.
N.D. Cent. Code § 47-19-42 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-42
47-19-42. Conveyance defined
Status: in_force

47-19-42. Conveyance defined

The term "conveyance" as used in section 47-19-41 shall include every instrument in writing

by which any estate or interest in real property is created, aliened, mortgaged, or encumbered,

or by which the title to any real property may be affected, except a will or power of attorney.
N.D. Cent. Code § 47-04.1-08 — ND Code / Title 47 / Chapter 47-04.1 / Section 47-04.1-08
47-04.1-08. Compliance with covenants, bylaws, and administrative provisions
Status: in_force

47-04.1-08. Compliance with covenants, bylaws, and administrative provisions

Each unit owner shall comply strictly with the bylaws and with the administrative rules and

regulations adopted pursuant thereto, as either of the same may be lawfully amended from time

to time, and with the covenants, conditions, and restrictions set forth in the declarations or in the

deed to that owner's unit. Failure to comply with such provisions shall be grounds for an action

to recover sums due for damages, injunctive relief or such other relief as a court of proper

jurisdiction may provide by the administrative body or in a proper case, by an aggrieved unit

owner.
N.D. Cent. Code § 47-22-08 — ND Code / Title 47 / Chapter 47-22 / Section 47-22-08
47-22-08. Cancellation
Status: in_force

47-22-08. Cancellation

The secretary of state shall cancel from the register:

1. Any registration concerning which the secretary of state shall receive a voluntary

request for cancellation thereof from the registrant or the assignee of record on forms

prescribed by the secretary of state.

2. All registrations granted under this chapter and not renewed in accordance with the

provisions hereof.

3. Any registration concerning which a state district court shall find any of the following:

a. That the registered mark has been abandoned.

b. That the registrant is not the owner of the mark.

c. That the registration was granted improperly.

d. That the registration was obtained fraudulently.

e. That the registration mark is so similar, as to be likely to cause confusion or

mistake or to deceive, to a mark registered by another person in the United

States patent office, prior to the date of the filing of the application for registration

by the registrant hereunder, and not abandoned; provided, however, that should

the registrant prove that the registrant is the owner of a concurrent registration of

the registrant's mark in the United States patent office covering an area including

this state, the registration hereunder shall not be canceled.

4. When a district court shall order cancellation of a registration on any ground.

5. Any mark whose registered owner is a corporation, limited liability company, limited

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

ceased to exist for six months.
N.D. Cent. Code § 47-10-05 — ND Code / Title 47 / Chapter 47-10 / Section 47-10-05
47-10-05. Grants - Execution - Witnesses sufficient - Seal unnecessary
Status: in_force

47-10-05. Grants - Execution - Witnesses sufficient - Seal unnecessary

The execution of a grant of an estate in real property to entitle the same to be recorded, if it

is not acknowledged, must be proved by a subscribing witness or as otherwise provided in

sections 47-19-23 and 47-19-24. The absence of the seal of any grantor or grantor's agent from

any grant of an estate made in real property shall not invalidate or in any manner impair the

same.
N.D. Cent. Code § 47-16-04 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-04
47-16-04. Products during lease belong to lessee - Exception
Status: in_force

47-16-04. Products during lease belong to lessee - Exception

In the absence of any agreement to the contrary between the lessor and the lessee, the

products received from real property during the term of a lease belong to the lessee.
N.D. Cent. Code § 47-30.2-41 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-41
47-30.2-41. (702) Disposal of securities
Status: in_force

47-30.2-41. (702) Disposal of securities

1. The administrator may not sell or otherwise liquidate a security until three years after

the administrator receives the security.

2. The administrator may not sell a security listed on an established stock exchange for

less than the price prevailing on the exchange at the time of sale. The administrator

may sell a security not listed on an established exchange by any commercially

reasonable method.
N.D. Cent. Code § 47-07-12 — ND Code / Title 47 / Chapter 47-07 / Section 47-07-12
47-07-12. Sale of goodwill - Warranty
Status: in_force

47-07-12. Sale of goodwill - Warranty

One who sells the goodwill of a business thereby warrants that the seller will not endeavor

to draw off any of the customers.
N.D. Cent. Code § 47-01-08 — ND Code / Title 47 / Chapter 47-01 / Section 47-01-08
47-01-08. What may be subject to ownership
Status: in_force

47-01-08. What may be subject to ownership

There may be ownership of the following:

1. All inanimate things which are capable of appropriation or of manual delivery.

2. All domestic animals.

3. All obligations.

4. Such products of labor or skill as the composition of an author, the good will of a

business, trademarks, signs, and of rights created or granted by statute.

5. Animals, wild by nature, only when on the land of the person claiming them, or when

tamed, taken and held in possession, or disabled and immediately pursued.
N.D. Cent. Code § 47-13-02 — ND Code / Title 47 / Chapter 47-13 / Section 47-13-02
47-13-02. Loan for use or for exchange subject to provisions of chapter
Status: in_force

47-13-02. Loan for use or for exchange subject to provisions of chapter

A loan which the borrower is allowed by the lender to treat as a loan for use or for exchange

at the borrower's option is subject to all the provisions of this chapter.
N.D. Cent. Code § 47-19-10 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-10
47-19-10. Separate records for grants and mortgages
Status: in_force

47-19-10. Separate records for grants and mortgages

Grants, absolute in terms, are to be recorded in one set of records and mortgages in

another.
N.D. Cent. Code § 47-04.1-13 — ND Code / Title 47 / Chapter 47-04.1 / Section 47-04.1-13
47-04.1-13. Real property tax and special assessments - Levy on each unit
Status: in_force

47-04.1-13. Real property tax and special assessments - Levy on each unit

All real property taxes and special assessments shall be levied on each unit and its

respective appurtenant fractional share or percentage of the land, general common elements

and limited common elements where applicable as such units and appurtenances are

separately owned, and not on the entire project.

Any exemption from taxes that may exist on real property or the ownership thereof shall not

be denied by virtue of the registration of the property under the provisions of this chapter.
N.D. Cent. Code § 47-19-05 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-05
47-19-05. Recording of deed - Post-office and street address of grantee must be shown
Status: in_force

47-19-05. Recording of deed - Post-office and street address of grantee must be

shown.

No deed in which real estate is described shall be received for record by any recorder in this

state if 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 is not shown. Failure to have included

any address on a recorded deed shall not defeat the doctrine of constructive notice.
N.D. Cent. Code § 47-05-03 — ND Code / Title 47 / Chapter 47-05 / Section 47-05-03
47-05-03. Dominant tenement defined
Status: in_force

47-05-03. Dominant tenement defined

A dominant tenement means the land to which an easement is attached.
N.D. Cent. Code § 47-07-04 — ND Code / Title 47 / Chapter 47-07 / Section 47-07-04
47-07-04. Products of the mind - Ownership - Application
Status: in_force

47-07-04. Products of the mind - Ownership - Application

The author of any product of the mind, whether it is an invention, a composition in letters or

art, a design, with or without delineation or other graphical representation, has an exclusive

ownership therein and in the representation or expression thereof which continues as long as

the product and the representations or expressions thereof made by the author remain in the

author's possession.
N.D. Cent. Code § 47-01-15 — ND Code / Title 47 / Chapter 47-01 / Section 47-01-15
47-01-15. Banks and beds of streams - Boundary of ownership
Status: in_force

47-01-15. Banks and beds of streams - Boundary of ownership

Except when the grant under which the land is held indicates a different intent, the owner of

the upland, when it borders on a navigable lake or stream, takes to the edge of the lake or

stream at low water mark. All navigable rivers shall remain and be deemed public highways. In

all cases when the opposite banks of any stream not navigable belong to different persons, the

stream and the bed thereof shall become common to both.
N.D. Cent. Code § 47-30.2-23 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-23
47-30.2-23. (403) When report to be filed
Status: in_force

47-30.2-23. (403) When report to be filed

1. Except as otherwise provided under this section, the report under section 47-30.2-21

must be filed before November first of each year and cover the twelve months

preceding July first of that year.

2. Subject to subsection 3, the report under section 47-30.2-21 to be filed by a life

insurance company must be filed before May first of each year for the immediately

preceding calendar year.

3. Before the date for filing the report under section 47-30.2-21, the holder of property

presumed abandoned may request the administrator to extend the time for filing. The

administrator may grant an extension.

4. The commissioner may grant an extension of the reporting date for good cause in the

event of a national or state emergency.
N.D. Cent. Code § 47-12-04 — ND Code / Title 47 / Chapter 47-12 / Section 47-12-04
47-12-04. Humane treatment of animals
Status: in_force

47-12-04. Humane treatment of animals

One who borrows a living animal for use shall treat it with great kindness and provide

everything necessary and suitable for its general well-being.
N.D. Cent. Code § 47-06-10 — ND Code / Title 47 / Chapter 47-06 / Section 47-06-10
47-06-10. Island formed by dividing stream - Title
Status: in_force

47-06-10. Island formed by dividing stream - Title

If a stream, navigable or not navigable, in forming itself a new arm divides itself and

surrounds land belonging to the owner of the shore and thereby forms an island, the island

belongs to such owner.
N.D. Cent. Code § 47-29-04 — ND Code / Title 47 / Chapter 47-29 / Section 47-29-04
47-29-04. Recording instrument incorporating master forms
Status: in_force

47-29-04. Recording instrument incorporating master forms

Whenever a mortgage or deed of trust is presented for recording on which is set forth

matter purporting to be a copy or reproduction of the master form instrument or of a part of the

master form instrument, identified by its title as provided in section 47-29-01 and stating the

date when it was recorded and the book and page or document number where it was recorded,

preceded by the words "do not record" or "not to be recorded", and plainly separated from the

matter to be recorded as a part of the mortgage or deed of trust in a manner that it will not

appear upon a photographic reproduction of any page containing any part of the mortgage or

deed of trust, the matter may not be recorded by the recorder to whom the instrument is

presented for recording. The recorder shall record only the mortgage or deed of trust apart from

the matter and is not liable for so doing, notwithstanding any other provision of law.
N.D. Cent. Code § 47-11-13 — ND Code / Title 47 / Chapter 47-11 / Section 47-11-13
47-11-13. Gift in view of death - Legacy as to creditors
Status: in_force

47-11-13. Gift in view of death - Legacy as to creditors

A gift in view of death must be treated as a legacy so far as it relates only to the creditors of

the giver.
N.D. Cent. Code § 47-16-32 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-32
47-16-32. Application for cancellation of gas and oil lease - Contents
Status: repealed

47-16-32. Application for cancellation of gas and oil lease - Contents

Repealed by S.L. 1953, ch. 277, § 4.
N.D. Cent. Code § 47-21-07 — ND Code / Title 47 / Chapter 47-21 / Section 47-21-07
47-21-07. Persons entitled to maintain action - Evidence admissible
Status: repealed

47-21-07. Persons entitled to maintain action - Evidence admissible

Repealed by S.L. 1987, ch. 558, § 2.
N.D. Cent. Code § 47-26-08 — ND Code / Title 47 / Chapter 47-26 / Section 47-26-08
47-26-08. Person rebuilding or repairing fence may recover expenses
Status: in_force

47-26-08. Person rebuilding or repairing fence may recover expenses

A complainant who has rebuilt or repaired a deficient fence as provided in section 47-26-07

may recover, from either the owner or the occupant of the land where the fence was deficient,

the value of repairing or rebuilding the same and the fees of the fence viewers after:

1. The rebuilt or repaired fence has been adjudged sufficient by two or more of the

township supervisors; and

2. The fence viewers have executed a certificate stating the value of repairing or

rebuilding the fence and the amount of their fees.

Before bringing suit for such sum, however, the complainant shall make demand upon the

owner or occupant who shall have one month after such demand within which to make such

payment. If suit is commenced to recover such amount, the claimant shall recover interest upon

the total sum stated in the certificate at the rate of one percent per month.
N.D. Cent. Code § 47-30.2-05 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-05
47-30.2-05. (202) When tax-deferred or tax-exempt retirement account presumed abandoned
Status: in_force

47-30.2-05. (202) When tax-deferred or tax-exempt retirement account presumed

abandoned.

1. Subject to section 47-30.2-12, property held in a pension account or retirement

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 later of:

a. The following dates:

(1) Except as in paragraph 2, the date a second consecutive communication

sent by the holder by first-class United States mail to the apparent owner is

returned to the holder undelivered by the United States postal service; or

(2) 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 by the United States postal service; or

b. The earlier of the following dates:

(1) The date the apparent owner becomes seventy-two years of age, if

determinable by the holder; or

(2) If the Internal Revenue Code, as amended, [26 U.S.C. 1 et seq.] or title 57,

requires distribution to avoid a tax penalty, two years after the date the

holder:

(a) Receives confirmation of the death of the apparent owner in the

ordinary course of its business; or

(b) Confirms the death of the apparent owner under subsection 2.

2. If a holder in the ordinary course of its business receives notice or an indication of the

death of an apparent owner and subdivision b of subsection 1 applies, the holder shall

attempt not later than ninety days after receipt of the notice or indication to confirm

whether the apparent owner is deceased.

3. If the holder does not send communications to the apparent owner of an account

described in subsection 1 by first-class United States mail, the holder shall attempt to

confirm the apparent owner's interest in the property by sending the apparent owner

an electronic-mail communication not later than two years after the apparent owner's

last indication of interest in the property. However, the holder promptly shall attempt to

contact the apparent owner by first-class United States mail if:

a. The holder does not have information needed to send the apparent owner an

electronic-mail communication;

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

received; or

c. The apparent owner does not respond to the electronic-mail communication not

later than thirty days after the communication was sent.

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

undelivered by the United States postal service, the property is presumed abandoned

three years after the later of:

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

contact the apparent owner sent by first-class United States mail is returned to

the holder undelivered;

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 established by subdivision b of subsection 1.
N.D. Cent. Code § 47-26-11 — ND Code / Title 47 / Chapter 47-26 / Section 47-26-11
47-26-11. Application to fence viewers to settle controversy when land is bounded by river or pond
Status: in_force

47-26-11. Application to fence viewers to settle controversy when land is bounded by

river or pond.

When lands of different persons which are required to be fenced are bounded or divided by

a river, brook, pond, or creek and the occupant of the land on one side of the river, brook, pond,

or creek refuses or neglects to join with the occupant of the land on the other side in making a

partition fence on one side or the other of the river, brook, pond, or creek or if the occupants of

the lands disagree respecting the fence, the parties may apply to two or more of the proper

fence viewers to adjust the controversy.
N.D. Cent. Code § 47-37-11 — ND Code / Title 47 / Chapter 47-37 / Section 47-37-11
47-37-11. Registry - Substitute notice
Status: in_force

47-37-11. Registry - Substitute notice

1. The department of environmental quality shall establish and maintain a registry that

contains all environmental covenants and any amendment or termination of those

covenants. The registry also may contain any other information concerning

environmental covenants and the real property subject to the covenants which the

department of environmental quality considers appropriate. The registry is a public

record for purposes of section 44-04-18.

2. After an environmental covenant or an amendment or termination of a covenant is filed

in the registry established pursuant to subsection 1, a notice of the covenant,

amendment, or termination that complies with this section may be recorded in the land

records in lieu of recording the entire covenant. Any such notice must contain:

a. A legally sufficient description and any available street address of the real

property subject to the covenant;

b. The name and address of the owner of the fee simple interest in the real property,

the agency, and the holder if other than the agency;

c. A statement that the covenant, amendment, or termination is available in a

registry at the department of environmental quality, which discloses the method of

any electronic access; and

d. A statement that the notice is notification of an environmental covenant executed

pursuant to this chapter.

3. A statement in substantially the following form, executed with the same formalities as a

deed in this state, satisfies the requirements of subsection 2:

a. This notice is filed in the land records of the (insert political subdivision) of (insert

name of jurisdiction in which the real property is located) pursuant to, section

47-37-11.

b. This notice and the covenant, amendment, or termination to which it refers may

impose significant obligations with respect to the property described below.

c. A legal description of the property is attached as Exhibit A to this notice. The

address of the property subject to the environmental covenant is (insert either

address of property or not available).

d. The name and address of the owner of the fee simple interest in the real property

on the date of this notice is (insert name of current owner of the property and the

owner's current address as shown on the tax records of the jurisdiction in which

the property is located).

e. The environmental covenant, amendment, or termination was signed by (insert

name and address of the agency).

f. The environmental covenant, amendment, or termination was filed in the registry

on (insert date of filing).

g. The full text of the covenant, amendment, or termination and any other

information required by the agency is on file and available for inspection and

copying in the registry maintained for that purpose by the department of

environmental quality at 918 East Divide Avenue, Bismarck, North Dakota 58501.

The covenant, amendment, or termination may be found electronically at

https://deq.nd.gov/.
N.D. Cent. Code § 47-04-06 — ND Code / Title 47 / Chapter 47-04 / Section 47-04-06
47-04-06. Fee tail valid as contingent limitation upon a fee
Status: in_force

47-04-06. Fee tail valid as contingent limitation upon a fee

Where a remainder in fee is limited upon any estate which, by the common law, would be

adjudged a fee tail, such remainder is valid as a contingent limitation upon a fee and vests in

possession on the death of the first taker, without issue living at the time of that person's death.
N.D. Cent. Code § 47-04.1-05 — ND Code / Title 47 / Chapter 47-04.1 / Section 47-04.1-05
47-04.1-05. Reference to declaration for description of unit and common elements
Status: in_force

47-04.1-05. Reference to declaration for description of unit and common elements

All subsequent deeds, mortgages, or other instruments may describe the individual units,

the common elements, the land, or limited common elements by reference to appropriate

numbers or letters as they appear on the declaration provided for in section 47-04.1-03 without

repeating in detail the description of the units, common elements other than the land, or limited

common elements. The reference must include the book and page of the recorded declaration.
N.D. Cent. Code § 47-10-27 — ND Code / Title 47 / Chapter 47-10 / Section 47-10-27
47-10-27. Manufactured homes - Affixation to real property - Conveyance or encumbrance as real property
Status: in_force

47-10-27. Manufactured homes - Affixation to real property - Conveyance or

encumbrance as real property.

1. For purposes of this section, "manufactured home" means a manufactured home as

defined in section 41-09-02. Notwithstanding this definition, for purposes of 11 U.S.C.

1322(b)(2), a manufactured home is deemed real property. For purposes of this

section, a manufactured home is permanently affixed if the manufactured home is

affixed to real property and connected to residential utilities, such as water, gas,

electricity, or sewer or septic service.

2. To convey or voluntarily encumber a manufactured home as real property, the

following conditions must be met:

a. The manufactured home must be permanently affixed to real property;

b. The ownership interests in the manufactured home and the real property to which

the manufactured home is or will be permanently affixed must be identical,

provided, however, that the owner of the manufactured home, if not the owner of

the real property, is in possession of the real property under the terms of a lease

in recordable form that has a term that continues for at least twenty years after

the date of execution and the consent of the lessor of the real property;

c. The person having an ownership interest in the manufactured home shall execute

and record with the recorder of the county in which the real property is located an

affidavit of affixation as provided in subsection 3 and satisfies the other applicable

requirements of this section; and

d. Upon receipt of a recorded copy of the affidavit of affixation under subsection 5, a

person designated in the affidavit for filing with the department of transportation

shall file the recorded copy of the affidavit of affixation with the department of

transportation, except that:

(1) In a circumstance described in item 1 of subparagraph a of paragraph 4 of

subdivision a of subsection 3, the recorded copy of the affidavit of affixation

and the original manufacturer's certificate of origin, each as recorded in the

county in which the real property is located, must be filed with the

department of transportation under subsection 1 of section 39-05-35;

(2) In a circumstance described in item 1 of subparagraph b of paragraph 4 of

subdivision a of subsection 3, the recorded copy of the affidavit of affixation,

as recorded in the county in which the real property is located, and the

original certificate of title must be filed with the department of transportation

under subsection 2 of section 39-05-35; and

(3) In a circumstance described in item 2 of subparagraph a of paragraph 4 of

subdivision a of subsection 3, item 2 of subparagraph b of paragraph 4 of

subdivision a of subsection 3, or paragraph 6 of subdivision a of

subsection 3, the recorded copy of the affidavit of affixation, as recorded in

the county in which the real property is located, and an application for

confirmation of conversion must be filed with the department of

transportation under subsection 3 of section 39-05-35.

3. a. An affidavit of affixation must contain or be accompanied by:

(1) The name of the manufacturer, the make, the model name, the model year,

the dimensions, the manufacturer's serial number of the manufactured

home, and whether the manufactured home is new or used;

(2) (a) A statement that the party executing the affidavit is the owner of the

real property described in the affidavit; or

(b) If not the owner of the real property:

[1] A statement that the party executing the affidavit is in possession

of the real property under the terms of a lease in recordable form

that has a term that continues for at least twenty years after the

date of execution of the affidavit; and

[2] The consent of the lessor of the real property endorsed upon or

attached to the affidavit and acknowledged or proved in the

manner as to entitle a conveyance to be recorded;

(3) The street address and the legal description of the real property to which the

manufactured home is or will be permanently affixed;

(4) (a) If the manufactured home is not covered by a certificate of title, a

statement by the owner to that effect, and either:

[1] A statement by the owner of the manufactured home that the

manufactured home is covered by a manufacturer's certificate of

origin, the date the manufacturer's certificate of origin was

issued, the manufacturer's serial number, and a statement that

annexed to the affidavit of affixation is the original manufacturer's

certificate of origin for the manufactured home, duly endorsed to

the owner of the manufactured home, and that the owner of the

manufactured home will surrender the manufacturer's certificate

of origin to the department of transportation; or

[2] A statement that the owner of the manufactured home, after

diligent search and inquiry, is unable to produce the original

manufacturer's certificate of origin for the manufactured home

and that the owner of the manufactured home will apply to the

department of transportation for a confirmation of conversion of

the manufactured home; or

(b) If the manufactured home is covered by a certificate of title, either:

[1] A statement by the owner of the manufactured home that the

manufactured home is covered by a certificate of title, the date

the title was issued, the title number, and that the owner of the

manufactured home will surrender the title; or

[2] A statement that the owner of the manufactured home, after

diligent search and inquiry, is unable to produce the certificate of

title for the manufactured home and that the owner of the

manufactured home will apply to the department of transportation

for a confirmation of conversion of the manufactured home;

(5) A statement whether the manufactured home is subject to one or more

security interests or liens and:

(a) If the manufactured home is subject to one or more security interests

or liens, the name and address of each party holding a security

interest in or lien on the manufactured home, including each holder

shown on any certificate of title issued by the department of

transportation, the original principal amount secured by each security

interest or lien, and a statement that the security interest or lien will be

released; or

(b) A statement that each security interest in or lien on the manufactured

home, if any, has been released, together with due proof of each

release;

(6) If the manufactured home is not covered by a manufacturer's certificate of

origin or a certificate of title, a statement by the owner of the manufactured

home to that effect and that the owner of the manufactured home will apply

to the department of transportation for a confirmation of conversion of the

manufactured home;

(7) A statement that the manufactured home is or will be permanently affixed to

the real property;

(8) If the party executing the affidavit acquired the manufactured home before

the affixation of the manufactured home to the real property, that party shall

complete the statement required by subsection 2 of section 11-18-02.2; and

(9) The name and address of a person designated for filing the recorded copy

of the affidavit of affixation with the department of transportation to whom

the recorder shall return the recorded copy of the affidavit of affixation after

the affidavit has been duly recorded in the real property records as provided

in subsection 5.

b. An affidavit of affixation must be duly acknowledged or proved in like manner as

to entitle a conveyance to be recorded, and when so acknowledged or proved

and upon payment of the lawful recording fees, the recorder shall immediately

cause the affidavit of affixation and any attachments to the affidavit to be duly

recorded and indexed under chapter 47-19.

c. The affidavit of affixation must be accompanied by an applicable fee for recording

and issuing a recorded copy of the affidavit.

4. The act of permanently affixing a manufactured home to real property or the recording

of the affidavit of affixation does not impair the rights of a holder of a security interest in

or lien on a manufactured home perfected as provided in section 35-01-05.1, unless

and until the due filing with and acceptance by the department of transportation of an

application to surrender the title as provided in subsection 1 of section 39-05-35 and

the release of the security interest or lien as provided in section 39-05-16.1. Upon the

filing of a release, the security interest or lien perfected under section 35-01-05.1 is

terminated.

5. The affidavit of affixation must be presented for recording pursuant to chapter 47-19,

together with the fees provided by law. Upon receipt from the recorder of a copy of the

recorded affidavit of affixation by the person presenting the affidavit for recording, that

person shall deliver for filing to the department of transportation the copy of the

affidavit of affixation and the other documents as provided in subdivision d of

subsection 2.

6. A manufactured home is deemed to be real property when all of the following events

have occurred:

a. The home is permanently affixed to land as provided in subsection 1;

b. An affidavit of affixation conforming to the requirements of subsection 3 has been

recorded in the conveyance records in the office of the recorder in the county

where the manufactured home is permanently affixed;

c. A copy of the recorded affidavit of affixation has been delivered for filing to the

department of transportation as provided in subsection 5; and

d. The requirements of subsections 1 through 3 of section 39-05-35, as applicable,

have been satisfied.

7. Upon the satisfaction of the requirements of subsection 6, the manufactured home is

deemed to be real property; any mortgage, deed of trust, lien, or security interest that

can attach to land, buildings erected on the land, or fixtures affixed to the land attach

as of the date of its recording in the same manner as if the manufactured home were

built from ordinary building materials onsite. Title to the manufactured home must be

transferred by deed or other form of conveyance that is effective to transfer an interest

in real property, together with the land to which the structure has been affixed. The

manufactured home is deemed to be real property and is governed by the laws

applicable to real property and the department of transportation has no further

authority or jurisdiction over the conveyance or encumbrance of the manufactured

home.

8. Except as provided in subsections 2, 3, 5, 6, and 7, an affidavit of affixation is not

necessary or effective to convey or encumber a manufactured home or to change the

character of the manufactured home to real property. An agreement by a party to the

transaction by which the requirements of this subsection are waived is void as contrary

to public policy.

9. Nothing in this section impairs any rights existing under law before July 1, 2009, of

anyone claiming an interest in a manufactured home.
N.D. Cent. Code § 47-30.2-40 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-40
47-30.2-40. (701) Public sale of property
Status: in_force

47-30.2-40. (701) Public sale of property

1. Subject to section 47-30.2-41, not earlier than three years after receipt of property

presumed abandoned, the administrator may sell the property.

2. Before selling property under subsection 1, the administrator shall give notice to the

public of:

a. The date of the sale; and

b. A reasonable description of the property.

3. A sale under subsection 1 must be to the highest bidder:

a. At public sale at a location in this state which the administrator determines to be

the most favorable market for the property;

b. On the internet; or

c. On another forum the administrator determines is likely to yield the highest net

proceeds of sale.

4. The administrator may decline the highest bid at a sale under this section and reoffer

the property for sale if the administrator determines the highest bid is insufficient.

5. If a sale held under this section is to be conducted other than on the internet, the

administrator shall publish on the administrator's website a notice of the sale, at least

ten days before the date of sale.
N.D. Cent. Code § 47-15.1-06 — ND Code / Title 47 / Chapter 47-15.1 / Section 47-15.1-06
47-15.1-06. Renegotiation for new agreement - Extensions
Status: in_force

47-15.1-06. Renegotiation for new agreement - Extensions

1. A renegotiation of an agreement occurs when an existing consumer rental purchase

agreement is satisfied and replaced by a new agreement undertaken by the same

lessor and consumer. A renegotiation is considered a new agreement requiring new

disclosures. The following events may not be treated as a renegotiation:

a. The addition or return of property in a multiple-item agreement or in the

substitution of leased property if the average payment allocation to a payment is

not changed by more than twenty-five percent.

b. A deferral of extension of one or more periodic payments or portions of a periodic

payment.

c. A reduction in charges in the lease or agreement.

d. A lease or agreement that has become the basis for a legal action.

2. No disclosure is required for any extension of a consumer rental purchase agreement

under the same terms as the original agreement except for the extension.
N.D. Cent. Code § 47-01-17 — ND Code / Title 47 / Chapter 47-01 / Section 47-01-17
47-01-17. Tree occupying lands of adjacent owner - Ownership determined from trunk
Status: in_force

47-01-17. Tree occupying lands of adjacent owner - Ownership determined from

trunk.

Trees whose trunks stand wholly upon the land of one owner belong exclusively to that

owner although their roots grow into the land of another. Trees whose trunks stand partly on the

land of two or more coterminous owners belong to them in common.
N.D. Cent. Code § 47-16-25 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-25
47-16-25. Notice of adverse proceedings to landlord
Status: in_force

47-16-25. Notice of adverse proceedings to landlord

Every tenant who receives notice of any proceeding to recover the real property occupied

by the tenant, or the possession thereof, must:

1. Inform the tenant's landlord immediately of the notice; and

2. Deliver the notice to the landlord.

The tenant shall be responsible to the landlord for all damages which the landlord may sustain

by reason of any omission by the tenant to inform the landlord of the notice or to deliver it to the

landlord, if such notice is in writing. The attornment to a stranger is void unless made with the

consent of the landlord or in consequence of a judgment of a court of competent jurisdiction.
N.D. Cent. Code § 47-16-06.1 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-06.1
47-16-06.1. Automatic renewal of leases of residential real property - When notice required
Status: in_force

47-16-06.1. Automatic renewal of leases of residential real property - When notice

required.

Notwithstanding the provisions of section 47-16-06, in any lease of a specified term of two

months or more of real property used for residential purposes, the lessor may not enforce an

automatic renewal clause of a lease unless the lessor has notified the lessee in writing,

delivered personally or by first-class mail, of the automatic renewal provision, not less than thirty

days prior to the expiration date of the current lease. If such notice has not been given, the

lease expires, and the terms of the latest lease convert to a month-to-month tenancy.
N.D. Cent. Code § 47-04-11 — ND Code / Title 47 / Chapter 47-04 / Section 47-04-11
47-04-11. Limitation of suspension of absolute ownership
Status: repealed

47-04-11. Limitation of suspension of absolute ownership

Repealed by S.L. 1991, ch. 484, § 6.
N.D. Cent. Code § 47-04-31 — ND Code / Title 47 / Chapter 47-04 / Section 47-04-31
47-04-31. Highways, railways, or rights of way - Covenants of warranty
Status: reserved

47-04-31. Highways, railways, or rights of way - Covenants of warranty

No covenants of warranty shall be considered as broken by the existence of a highway,

railway, or a right of way for either, upon the land conveyed by any instrument of conveyance,

unless otherwise particularly specified in the deed. Whenever in any instrument of conveyance

delivered, filed, and recorded prior to the first day of January 1896, the grantor has conveyed

real property in this state, but has reserved or sought to reserve a right of way over or across

the same for the future construction of any railroad or highway without specifically locating or

describing therein by metes and bounds such right of way, or proposed right of way, or by

reference to permanent marks or monuments, such reservation shall be void in all things, and

such conveyance shall have the same effect as if no such reservation had been made or

attempted to have been made therein unless on July 1, 1907:

1. The grantor or the grantor's successor in interest was in actual possession of, or had

located and permanently marked said right of way;

2. Within one year thereafter filed or caused to be filed in the office of the recorder of the

county wherein the land is situated, a plat describing such selection and such right of

way, properly acknowledged so as to entitle the same to be recorded, and so as to

distinguish readily and designate such right of way from the entire premises described

in the conveyance from which it was attempted to be reserved; or

3. Within such one-year period, an action was commenced in a court of competent

jurisdiction for the purpose of definitely determining and locating such right of way, and

establishing the owner's right thereto, and in such case had filed and recorded a

proper notice of lis pendens in the office of the recorder of the county in which such

land was located.
N.D. Cent. Code § 47-21-01 — ND Code / Title 47 / Chapter 47-21 / Section 47-21-01
47-21-01. Definitions
Status: repealed

47-21-01. Definitions

Repealed by S.L. 1987, ch. 558, § 2.
N.D. Cent. Code § 47-36-12 — ND Code / Title 47 / Chapter 47-36 / Section 47-36-12
47-36-12. Disclosure of other digital assets held in trust when trustee not original user
Status: in_force

47-36-12. Disclosure of other digital assets held in trust when trustee not original

user.

Unless otherwise ordered by the court, directed by the user, or provided in a trust, a

custodian shall disclose to a trustee that is not an original user of an account a catalog of

electronic communications sent or received by an original or successor user and stored, carried,

or maintained by the custodian in an account of the trust and any digital assets, other than the

content of electronic communications, in which the trust has a right or interest if the trustee

gives the custodian:

1. A written request for disclosure in physical or electronic form;

2. A certified copy of the trust instrument or a certification of the trust under section

59-18-13;

3. A certification by the trustee, under penalty of perjury, that the trust exists and the

trustee is a currently acting trustee of the trust; 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 trust's account; or

b. Evidence linking the account to the trust.
N.D. Cent. Code § 47-34-02.1 — ND Code / Title 47 / Chapter 47-34 / Section 47-34-02.1
47-34-02.1. Acceptance of funds by closing agents
Status: in_force

47-34-02.1. Acceptance of funds by closing agents

1. At or prior to closing, a closing agent may accept a cashier's check for loan funds, if

that check is delivered to the closing agent by a local issuing bank, savings and loan

association, credit union, or savings bank, located in the same county as the closing

agent or in a contiguous county.

2. The closing agent shall deposit the cashier's check in the agent's escrow account with

a local financial institution that makes the funds available for immediate withdrawal,

prior to the disbursement of funds.
N.D. Cent. Code § 47-16-39.1 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-39.1
47-16-39.1. Obligation to pay royalties - Breach
Status: in_force

47-16-39.1. Obligation to pay royalties - Breach

1. The obligation arising under an oil and gas lease to pay oil or gas royalties to the

mineral owner or the mineral owner's assignee, to deliver oil or gas to a purchaser to

the credit of the mineral owner or the mineral owner's assignee, or to pay the market

value thereof is of the essence in the lease contract, and breach of the obligation may

constitute grounds for the cancellation of the lease in cases in which it is determined

by the court that the equities of the case require cancellation. If the operator under an

oil and gas lease fails to pay oil or gas royalties to the mineral owner or the mineral

owner's assignee within one hundred fifty days after oil or gas produced under the

lease is marketed and cancellation of the lease is not sought or if the operator fails to

pay oil or gas royalties to an unleased mineral interest owner within one hundred fifty

days after oil or gas production is marketed from the unleased mineral interest owner's

mineral interest, the operator thereafter shall pay interest on the unpaid royalties,

without the requirement that the mineral owner or the mineral owner's assignee

request the payment of interest, at the rate of eighteen percent per annum until paid. If

the aggregate amount is less than fifty dollars, the operator may remit semiannually to

a person entitled to royalties the aggregate of six months' monthly royalties. The

district court for the county in which the oil or gas well is located has jurisdiction over

any proceeding brought under this section. The prevailing party in any proceeding

brought under this section is entitled to recover court costs and reasonable attorney's

fees. This section does not apply if mineral owners or their assignees elect to take

their proportionate share of production in kind, in the event of a dispute of title existing

that would affect distribution of royalty payments, or if a mineral owner cannot be

located after reasonable inquiry by the operator; however, the operator shall make

royalty payments to those mineral owners whose title and ownership interest is not in

dispute.

2. This section does not apply to obligations to pay oil and gas royalties under an oil and

gas lease on minerals owned or managed by the board of university and school lands.
N.D. Cent. Code § 47-16-17.1 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-17.1
47-16-17.1. Termination due to domestic abuse
Status: in_force

47-16-17.1. Termination due to domestic abuse

1. A tenant to a residential lease who is a victim of domestic violence as defined in

section 14-07.1-01 or fears imminent domestic violence against the tenant or the

tenant's minor children if the tenant or the tenant's minor children remain in the leased

premises may terminate a lease agreement, as provided in this section, without

penalty or liability.

2. The tenant must provide advance written notice to the landlord stating:

a. The tenant fears imminent domestic violence from a person named in a court

order, an order prohibiting contact, or a civil protection order under chapter

14-07.7, or other record filed with a court;

b. The tenant needs to terminate the tenancy; and

c. The specific date the tenancy will terminate.

3. The notice must be delivered by mail, facsimile communication, or in person before the

termination of the tenancy.

4. A landlord may not disclose information provided to the landlord by a tenant

documenting domestic violence under this section. The information may not be

entered into any shared database or provided to any person, but may be used as

evidence in an eviction proceeding, in a claim for unpaid rent or damages arising out

of the tenancy, or as otherwise required by law.

5. A tenant terminating a lease under this section is responsible for the rent payment for

the full month in which the tenancy terminates and an additional amount equal to one

month's rent, subject to the landlord's duty to mitigate. The tenant is relieved of any

other contractual obligation for payment of rent or any other charges for the remaining

term of the lease, except as provided in this section.

6. This section does not affect a tenant's liability for delinquent, unpaid rent, or other

amounts owed to the landlord before the lease was terminated by the tenant under this

section.

7. The tenancy terminates, including the right of possession of the premises, on the

termination date stated in the notice under subsection 2. The amount equal to one

month's rent must be paid on or before the termination of the tenancy for the tenant to

be relieved of the contractual obligations for the remaining term of the lease as

provided in this section.

8. For purposes of this section, timing for the payment of the lessee's security deposit

under section 47-16-07.1 is triggered by either of the following:

a. If the only tenant, including the tenant's minor children, is the tenant who is the

victim of domestic violence, upon the first day of the month following the date the

tenant vacates the premises.

b. If there are additional tenants bound by the lease, upon the expiration of the

lease.

9. Notwithstanding the release of a tenant from a lease agreement under this section, the

tenancy continues for any remaining tenants.

10. A person may not refuse to rent, refuse to negotiate for the rental of, or in any other

manner make unavailable or deny a dwelling to an individual, or otherwise retaliate in

the rental of a dwelling solely because a tenant or applicant or a household member of

the tenant or applicant exercised the right to terminate a lease under this section.

11. In an action for a violation of this section, the court may award statutory damages of

one thousand dollars. The court also may award actual damages, reasonable

attorney's fees, costs, and disbursements.
N.D. Cent. Code § 47-30.2-15 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-15
47-30.2-15. (301) Address of apparent owner to establish priority
Status: in_force

47-30.2-15. (301) Address of apparent owner to establish priority

In sections 47-30.2-15, 47-30.2-16, 47-30.2-17, 47-30.2-18, 47-30.2-19, and 47-30.2-20, the

following apply:

1. The last-known address of an apparent owner is any description, code, or other

indication of the location of the apparent owner which identifies the state, even if the

description, code, or indication of location is not sufficient to direct the delivery of first-

class United States mail to the apparent owner.

2. If the United States postal zip code associated with the apparent owner is for a post

office located in this state, this state is deemed to be the state of the last-known

address of the apparent owner unless other records associated with the apparent

owner specifically identify the physical address of the apparent owner to be in another

state.

3. If the address under subsection 2 is in another state, the other state is deemed to be

the state of the last-known address of the apparent owner.

4. The address of the apparent owner of a life or endowment insurance policy or annuity

contract or its proceeds is presumed to be the address of the insured or annuitant if a

person other than the insured or annuitant is entitled to the amount owed under the

policy or contract and the address of the other person is not known by the insurance

company and cannot be determined under section 47-30.2-16.
N.D. Cent. Code § 47-01-23 — ND Code / Title 47 / Chapter 47-01 / Section 47-01-23
47-01-23. Landowner immunity - Use and condition of roads
Status: in_force

47-01-23. Landowner immunity - Use and condition of roads

A landowner may not be held liable for a claim resulting from the use or condition of a road

across the landowner's property unless the landowner is primarily and directly responsible for

the construction and maintenance of the road or an affirmative act of the landowner causes or

contributes to the claim.
N.D. Cent. Code § 47-30.2-59 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-59
47-30.2-59. (1006) Failure of person examined to retain records
Status: in_force

47-30.2-59. (1006) Failure of person examined to retain records

If a person subject to examination under section 47-30.2-55 fails to retain the records

required by section 47-30.2-24, the administrator may determine the value of property due using

a reasonable method of estimation based on all information available to the administrator,

including extrapolation and use of statistical sampling when appropriate and necessary,

consistent with examination procedures and standards adopted under subsection 1 of section

47-30.2-56 and in accord with subsection 2 of section 47-30.2-56.
N.D. Cent. Code § 47-25.1-01 — ND Code / Title 47 / Chapter 47-25.1 / Section 47-25.1-01
47-25.1-01. Definitions
Status: in_force

47-25.1-01. Definitions

As used in this chapter, unless the context requires otherwise:

1. "Improper means" includes theft, bribery, misrepresentation, breach or inducement of a

breach of a duty to maintain secrecy, or espionage through electronic or other means.

2. "Misappropriation" means:

a. Acquisition of a trade secret of another by a person who knows or has reason to

know that the trade secret was acquired by improper means; or

b. Disclosure or use of a trade secret of another without express or implied consent

by a person who:

(1) Used improper means to acquire knowledge of the trade secret;

(2) At the time of disclosure or use, knew or had reason to know that the

person's knowledge of the trade secret was:

(a) Derived from or through a person who had utilized improper means to

acquire it;

(b) Acquired under circumstances giving rise to a duty to maintain its

secrecy or limit its use; or

(c) Derived from or through a person who owed a duty to the person

seeking relief to maintain its secrecy or limit its use; or

(3) Before a material change of the person's position, knew or had reason to

know that it was a trade secret and that knowledge of it had been acquired

by accident or mistake.

3. "Person" means a natural person, corporation, limited liability company, business trust,

estate, trust, partnership, association, joint venture, government, governmental

subdivision or agency, or any other legal or commercial entity.

4. "Trade secret" means information, including a formula, pattern, compilation, program,

device, method, technique, or process, that:

a. Derives independent economic value, actual or potential, from not being generally

known to, and not being readily ascertainable by proper means by, other persons

who can obtain economic value from its disclosure or use; and

b. Is the subject of efforts that are reasonable under the circumstances to maintain

its secrecy.
N.D. Cent. Code § 47-03-04 — ND Code / Title 47 / Chapter 47-03 / Section 47-03-04
47-03-04. Accumulation of income - How directed
Status: repealed

47-03-04. Accumulation of income - How directed

Repealed by S.L. 1959, ch. 330, § 1.
N.D. Cent. Code § 47-04-12 — ND Code / Title 47 / Chapter 47-04 / Section 47-04-12
47-04-12. Trust - Suspension of power to alienate the same
Status: repealed

47-04-12. Trust - Suspension of power to alienate the same

Repealed by S.L. 1991, ch. 484, § 6.
N.D. Cent. Code § 47-18-11 — ND Code / Title 47 / Chapter 47-18 / Section 47-18-11
47-18-11. Appraisers' report to judge of district court
Status: in_force

47-18-11. Appraisers' report to judge of district court

Within fifteen days after their appointment, the appraisers must present to the judge a report

in writing which must show the appraised value of the homestead and their determination upon

the matter of a division of the real property claimed.
N.D. Cent. Code § 47-26-20 — ND Code / Title 47 / Chapter 47-26 / Section 47-26-20
47-26-20. Duty to maintain partition fence when lands enclosed for pasturage or grazing
Status: in_force

47-26-20. Duty to maintain partition fence when lands enclosed for pasturage or

grazing.

The provisions of this chapter shall apply to the respective occupants of lands which have

been enclosed with fences for pasturage or grazing purposes.
N.D. Cent. Code § 47-37-06 — ND Code / Title 47 / Chapter 47-37 / Section 47-37-06
47-37-06. Notice
Status: in_force

47-37-06. Notice

1. A copy of an environmental covenant must be provided by the persons and in the

manner required by the agency to:

a. Each person that signed the covenant;

b. Each person holding a recorded interest in the real property subject to the

covenant;

c. Each person in possession of the real property subject to the covenant;

d. Each municipality or other unit of local government in which real property subject

to the covenant is located; and

e. Any other person the agency requires.

2. The validity of a covenant is not affected by failure to provide a copy of the covenant

as required under this section.
N.D. Cent. Code § 47-04-07 — ND Code / Title 47 / Chapter 47-04 / Section 47-04-07
47-04-07. Estate for life is freehold
Status: in_force

47-04-07. Estate for life is freehold

An estate during the life of a third person, whether limited to heirs or otherwise, is a

freehold.
N.D. Cent. Code § 47-10-16 — ND Code / Title 47 / Chapter 47-10 / Section 47-10-16
47-10-16. Reconveyance when estate defeated by nonperformance of condition subsequent
Status: in_force

47-10-16. Reconveyance when estate defeated by nonperformance of condition

subsequent.

When a grant is made upon condition subsequent and subsequently is defeated by the

nonperformance of the condition, the person otherwise entitled to hold under the grant must

reconvey the property to the grantor or the grantor's successors by grant duly acknowledged for

record.
N.D. Cent. Code § 47-20.1-06 — ND Code / Title 47 / Chapter 47-20.1 / Section 47-20.1-06
47-20.1-06. Recorder to receive, file, and cross-index
Status: in_force

47-20.1-06. Recorder to receive, file, and cross-index

1. The recorder of the county containing the corner shall receive the completed corner

record and preserve it in a hardbound book. The books shall be numbered in

numerical order as filled.

2. The recorder shall number the forms in numerical order as they are filed.

3. The book and page number in which the said corner record is filed shall be placed by

the recorder near that same corner on a cross-index plat which the recorder shall

provide for such purpose.

4. The recorder shall make these records available for public inspection during all usual

office hours.
N.D. Cent. Code § 47-06-08 — ND Code / Title 47 / Chapter 47-06 / Section 47-06-08
47-06-08. Islands and relicted lands in navigable streams belong to state
Status: in_force

47-06-08. Islands and relicted lands in navigable streams belong to state

Islands and accumulations of land formed in the beds of streams which are navigable

belong to the state, if there is no title or prescription to the contrary. The control and

management, including the power to execute surface and mineral leases, of islands, relictions,

and accumulations of land owned by the state of North Dakota in navigable streams and waters

and the beds thereof, must be governed by chapter 61-33.
N.D. Cent. Code § 47-22-12 — ND Code / Title 47 / Chapter 47-22 / Section 47-22-12
47-22-12. Remedies
Status: in_force

47-22-12. Remedies

Any owner of a mark registered under this chapter may proceed by suit to enjoin the

manufacture, use, display, or sale of any counterfeits or imitations thereof and any court of

competent jurisdiction may grant injunctions to restrain such manufacture, use, display, or sale

as may be by the said court deemed just and reasonable, and may require the defendants to

pay to such owner all profits derived from or all damages suffered by reason of such wrongful

manufacture, use, display, or sale, or either, and such court may also order that any such

counterfeits or imitations in the possession or under the control of any defendant in such case,

be delivered to an officer of the court, or to the complainant, to be destroyed.

The enumeration of any right or remedy herein shall not affect a registrant's right to

prosecute under any penal law of this state.
N.D. Cent. Code § 47-32-01 — ND Code / Title 47 / Chapter 47-32 / Section 47-32-01
47-32-01. When eviction maintainable
Status: in_force

47-32-01. When eviction maintainable

An action of eviction to recover the possession of real estate is maintainable in the proper

district court when:

1. A party, by force, intimidation, fraud, or stealth, has entered upon the prior actual

possession of real property of another and detains the same.

2. A party, after peaceably entering upon real property, turns out by force, threats, or

menacing conduct the party in possession.

3. A party, by force or by menaces and threats of violence, unlawfully holds and keeps

the possession of any real property, whether the possession was acquired peaceably

or otherwise.

4. A lessee, in person or by subtenant, holds over after the termination of the lease or

expiration of the lessee's term, or fails to pay rent for three days after the rent is due.

5. A party continues in possession after a sale of the real property under mortgage,

execution, order, or any judicial process and after the expiration of the time fixed by

law for redemption, or after the execution and delivery of a deed, or after the

cancellation and termination of any contract for deed, bond for deed, or other

instrument for the future conveyance of real estate or equity in the real estate.

6. A party continues wrongfully in possession after a judgment in partition or after a sale

under an order or decree of a district court.

7. A lessee or a person on the premises with the lessee's consent acts in a manner that

unreasonably disturbs other tenants' peaceful enjoyment of the premises.

8. The lessee violates a material term of the written lease agreement between the lessor

and lessee.
N.D. Cent. Code § 47-02-16 — ND Code / Title 47 / Chapter 47-02 / Section 47-02-16
47-02-16. Alternative contingencies
Status: in_force

47-02-16. Alternative contingencies

Two or more future interests may be created to take effect in the alternative so that if the

first in order fails to vest, the next in succession shall be substituted for it and take effect

accordingly.
N.D. Cent. Code § 47-15-12 — ND Code / Title 47 / Chapter 47-15 / Section 47-15-12
47-15-12. Payment of proportionate hire
Status: in_force

47-15-12. Payment of proportionate hire

When the hiring of personal property is terminated before the time originally agreed upon,

the hirer must pay the due proportion of the hire for such use as the hirer actually has made of

the property unless such use is merely nominal and of no benefit to the hirer.
N.D. Cent. Code § 47-21.2-01 — ND Code / Title 47 / Chapter 47-21.2 / Section 47-21.2-01
47-21.2-01. Definitions
Status: in_force

47-21.2-01. Definitions

As used in this chapter:

1. "Copyright laws of the United States" means those laws specified pursuant to title 17

of the United States Code [Pub. L. 94-553; 17 U.S.C. 101 et seq.].

2. "Copyright owner" means the owner of a copyright of a musical work other than a

motion picture or other audiovisual work or part of a motion picture or other audiovisual

work, which is recognized and enforceable under the copyright laws of the United

States.

3. "Performing rights society" means an association or corporation that licenses the

public performance of nondramatic musical works on behalf of copyright owners,

including the American Society of Composers, Authors, and Publishers; Broadcast

Music, Incorporated; and SESAC, Incorporated.

4. "Proprietor" means the owner of a retail establishment, restaurant, inn, bar, tavern,

sports or entertainment facility, not for-profit organization, or any other place of

business or professional office located in this state in which the public may assemble

and in which musical works may be performed, broadcast, or otherwise transmitted for

the enjoyment of the members of the public in that place.

5. "Royalties" means the license fees payable by a proprietor to a performing rights

society for the nondramatic public performance of musical works.
N.D. Cent. Code § 47-18-21 — ND Code / Title 47 / Chapter 47-18 / Section 47-18-21
47-18-21. Effect of sale of homestead
Status: in_force

47-18-21. Effect of sale of homestead

The sale and disposition of one homestead shall not be held to prevent the selection or

purchase of another as is provided in this chapter.
N.D. Cent. Code § 47-16-14 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-14
47-16-14. When a lease of real property terminates
Status: in_force

47-16-14. When a lease of real property terminates

The leasing of real property terminates:

1. At the end of the term agreed upon;

2. By the mutual consent of the parties;

3. By the lessee's acquiring title to the property leased superior to that of the lessor; or

4. By the destruction of the property leased.
N.D. Cent. Code § 47-36-16 — ND Code / Title 47 / Chapter 47-36 / Section 47-36-16
47-36-16. Uniformity of application and construction
Status: in_force

47-36-16. Uniformity of application and construction

In applying and construing this chapter, consideration must be given to the need to promote

uniformity of the law with respect to its subject matter among states that enact it.
N.D. Cent. Code § 47-07-10 — ND Code / Title 47 / Chapter 47-07 / Section 47-07-10
47-07-10. Goodwill defined
Status: in_force

47-07-10. Goodwill defined

The goodwill of a business is the expectation of continued public patronage, but it does not

include a right to use the name of any person from whom it was acquired.
N.D. Cent. Code § 47-04-01 — ND Code / Title 47 / Chapter 47-04 / Section 47-04-01
47-04-01. Jurisdiction - State laws
Status: in_force

47-04-01. Jurisdiction - State laws

Real property within this state is governed by the law of this state.
N.D. Cent. Code § 47-16-05 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-05
47-16-05. Lease of realty presumed for one year
Status: in_force

47-16-05. Lease of realty presumed for one year

A lease of real property, other than lodgings, in places where there is no usage on the

subject, is presumed to be for one year from its commencement, unless otherwise expressed in

the lease.
N.D. Cent. Code § 47-19-50 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-50
47-19-50. Filing bill of sale - Prerequisites
Status: in_force

47-19-50. Filing bill of sale - Prerequisites

A bill of sale or other instrument transferring the title to personal property shall be entitled to

be filed in the office of the recorder of the county where the property, or any part thereof,

covered by such instrument is at the time situated when:

1. The instrument is signed by the vendor or transferor in the presence of two witnesses

who must sign the same as witnesses thereto; or

2. The execution of the instrument is acknowledged before some official qualified to take

acknowledgments.
N.D. Cent. Code § 47-04-29 — ND Code / Title 47 / Chapter 47-04 / Section 47-04-29
47-04-29. Covenants running with the land - Liability as holder only
Status: in_force

47-04-29. Covenants running with the land - Liability as holder only

A person, merely by reason of having acquired an estate subject to a covenant running with

the land, is not liable for breach of the covenant before the person acquired the estate, or after

the person has parted with it or ceased to enjoy its benefits.
N.D. Cent. Code § 47-02-08 — ND Code / Title 47 / Chapter 47-02 / Section 47-02-08
47-02-08. Interest in common defined
Status: in_force

47-02-08. Interest in common defined

An interest in common is one owned by several persons not in joint ownership or

partnership. Every interest created in favor of several persons in their own right is an interest in

common, unless acquired by them in partnership for partnership purposes, or unless declared in

its creation to be a joint tenancy.
N.D. Cent. Code § 47-13-04 — ND Code / Title 47 / Chapter 47-13 / Section 47-13-04
47-13-04. Lender may not require change in obligations
Status: in_force

47-13-04. Lender may not require change in obligations

A lender for exchange may not require the borrower to fulfill the borrower's obligations at a

time or in a manner different from that which originally was agreed upon.
N.D. Cent. Code § 47-15-13 — ND Code / Title 47 / Chapter 47-15 / Section 47-15-13
47-15-13. Return of property by hirer
Status: in_force

47-15-13. Return of property by hirer

At the expiration of the term for which personal property is hired, the hirer must return it to

the letter at the place contemplated by the parties at the time of hiring, or if no particular place

was contemplated by them, at the place at which it was at the time of hiring.
N.D. Cent. Code § 47-30.2-01 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-01
47-30.2-01. (102) Definitions
Status: in_force

47-30.2-01. (102) Definitions

As used in this chapter:

1. "Administrator" means the administrator of the state abandoned property office.

2. "Administrator's agent" means a person with which the commissioner contracts to

conduct an examination under sections 47-30.2-54, 47-30.2-55, 47-30.2-56,

47-30.2-57, 47-30.2-58, 47-30.2-59, 47-30.2-60, 47-30.2-61, and 47-30.2-62 on behalf

of the administrator. The term includes an independent contractor of the person and

each individual participating in the examination on behalf of the person or contractor.

3. "Apparent owner" means a person whose name appears on the records of a holder as

the owner of property held, issued, or owing by the holder.

4. "Board" means the board of university and school lands.

5. "Business association" means a corporation, joint stock company, investment

company, partnership, unincorporated association, joint venture, limited liability

company, business trust, trust company, land bank, safe deposit company,

safekeeping depository, financial organization, insurance company, federally chartered

entity, utility, sole proprietorship, or other business entity, whether or not for profit.

6. "Cashier's check" means a check that:

a. Is purchased by a remitter and made payable to a designated payee;

b. Is signed by an officer or employee of the financial organization;

c. Authorizes payment of the amount shown on the check's face to the payee;

d. Is a direct obligation of the financial organization; and

e. Is provided to a customer of the financial institution or acquired from the financial

institution for remittance purposes.

7. "Commissioner" means the commissioner of university and school lands.

8. "Confidential record" has the same meaning as defined in section 44-04-17.1.

9. "Department" means the department of trust lands.

10. "Domicile" means:

a. For a corporation, the state of its incorporation;

b. For a business association whose formation requires a filing with a state, other

than a corporation, the state of its filing;

c. For a federally chartered entity, the state of its home office; and

d. For any other holder, the state of its principal place of business.

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

optical, electromagnetic, or similar capabilities.

12. "Electronic mail" means a communication by electronic means, together with

attachments, which is automatically retained and stored and may be readily accessed

or retrieved.

13. "Financial organization" means a savings and loan association, building and loan

association, savings bank, industrial bank, bank, banking organization, private banker,

trust company, credit union, or an organization defined as a bank or banking

organization under the laws of this state or of the United States.

14. "Game-related digital content" means digital content that exists only in an electronic

game or electronic-game platform.

a. The term includes:

(1) Game-play currency such as a virtual wallet, even if denominated in United

States currency; and

(2) The following if for use or redemption only within the game or platform or

another electronic game or electronic-game platform:

(a) Points sometimes referred to as gems, tokens, gold, and similar

names; and

(b) Digital codes; and

b. The term does not include an item that the issuer:

(1) Permits to be redeemed for use outside a game or platform for:

(a) Money; or

(b) Goods or services that have more than minimal value; or

(2) Otherwise monetizes for use outside a game or platform.

15. "Gift card" means a record that:

a. Is usable at:

(1) A single merchant; or

(2) A specified group of merchants;

b. Is prefunded before the record is used; and

c. Can be used for purchases of goods or services.

16. "Holder" means a person obligated to hold for the account of, or to deliver or pay to,

the owner, property subject to this chapter.

17. "Insurance company" has the same meaning as defined in section 26.1-02-01, and

also includes a benevolent society, nonprofit health service corporation, and a health

maintenance organization.

18. "Loyalty card" means a record given without monetary consideration under an award,

reward, benefit, loyalty, incentive, rebate, or promotional program which may be used

or redeemed only to obtain goods or services or a discount on goods or services. The

term does not include a record that may be redeemed for money or otherwise

monetized by the issuer.

19. "Mineral proceeds" means an obligation:

a. To pay resulting from the production and sale of minerals, including net revenue

interest, royalties, overriding royalties, production payments, and joint operating

agreements; or

b. For the acquisition and retention of a mineral lease, including bonuses, delay

rentals, shut-in royalties, and minimum royalties.

20. "Money order" means a payment order for a specified amount of money. The term

includes an express money order and a personal money order on which the remitter is

the purchaser.

21. "Municipal bond" means a bond or evidence of indebtedness issued by a municipality

or other political subdivision of a state.

22. "Net card value" means the original purchase price or original issued value of a stored-

value card, plus amounts added to the original price or value, minus amounts used

and any service charge, fee, or dormancy charge permitted by law.

23. "Non-freely transferable security" means a security that cannot be delivered to the

administrator by the depository trust clearing corporation or similar custodian of

securities providing post-trade clearing and settlement services to financial markets or

cannot be delivered because there is no agent to effect transfer. The term includes a

worthless security.

24. "Owner" means a person that has a legal, beneficial, or equitable interest in property

subject to this chapter or the person's legal representative when acting on behalf of

and in the best interest of the owner. The term includes:

a. A depositor, for a deposit;

b. A beneficiary, for a trust other than a deposit in trust;

c. A creditor, claimant, or payee, for other property; and

d. The lawful bearer of a record that may be used to obtain money, a reward, or a

thing of value.

25. "Payroll card" means a record that evidences a payroll-card account that is directly or

indirectly established through an employer and to which electronic fund transfers of the

consumer's wages, salary, or other employee compensation, such as commissions,

are made on a recurring basis, whether the account is operated or managed by the

employer, a third-party payroll processor, a depository institution, or any other person.

26. "Person" means an individual, estate, business association, public corporation,

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

entity.

27. "Property" means tangible property described in section 47-30.2-08 or a fixed and

certain interest in intangible property held, issued, or owed in the course of a holder's

business or by a government, governmental subdivision, agency, or instrumentality.

a. The term includes:

(1) All income from or increments to the property; and

(2) Property referred to as or evidenced by:

(a) Money, virtual currency, interest, or a dividend, check, draft, deposit,

or payroll card;

(b) A credit balance, customer's overpayment, stored-value card, security

deposit, refund, credit memorandum, unpaid wage, unused ticket for

which the issuer has an obligation to provide a refund, mineral

proceeds, or unidentified remittance;

(c) A security except for:

[1] A worthless security; or

[2] A security that is subject to a lien, legal hold, or restriction

evidenced on the records of the holder or imposed by operation

of law, if the lien, legal hold, or restriction restricts the holder's or

owner's ability to receive, transfer, sell, or otherwise negotiate the

security;

(d) A bond, debenture, note, or other evidence of indebtedness;

(e) Money deposited to redeem a security, make a distribution, or pay a

dividend;

(f) An amount due and payable under an annuity contract or insurance

policy;

(g) An amount distributable from a trust or custodial fund established

under a plan to provide health, welfare, pension, vacation, severance,

retirement, death, stock purchase, profit-sharing, employee-savings,

supplemental-unemployment insurance, or a similar benefit;

(h) Intangible property and any income or increment derived from the

intangible property held in a fiduciary capacity for the benefit of

another person;

(i) Mineral proceeds; and

(j) An in-store credit for returned merchandise.

b. The term does not include:

(1) Property held in a plan described in section 529A of the Internal Revenue

Code, as amended, [26 U.S.C. 529A];

(2) Game-related digital content;

(3) A loyalty card; or

(4) A gift card.

28. "Putative holder" means a person believed by the administrator to be a holder, until the

person pays or delivers to the administrator property subject to this chapter or the

administrator or a court makes a final determination that the person is or is not a

holder.

29. "Record" has the same meaning as defined in section 44-04-17.1.

30. "Security" means:

a. A security as defined in section 41-08-02;

b. A security entitlement as defined in section 41-08-02, including a customer

security account held by a registered broker-dealer, to the extent the financial

assets held in the security account are not:

(1) Registered on the books of the issuer in the name of the person for which

the broker-dealer holds the assets;

(2) Payable to the order of the person; or

(3) Specifically indorsed to the person; or

c. An equity interest in a business association not included in subdivision a or b.

31. "Sign" means, with present intent to authenticate or adopt a record:

a. To execute or adopt a tangible symbol; or

b. To attach to or logically associate with the record an electronic symbol, sound, or

process.

32. "State" means a state of the United States, the District of Columbia, the

Commonwealth of Puerto Rico, the United States Virgin Islands, or any territory or

insular possession subject to the jurisdiction of the United States.

33. "Stored-value card" means a card, code, or other device, including a merchandise

credit or rebate card, which is:

a. Issued on a prepaid basis primarily for personal, family, or household purposes to

a consumer in a specified amount, whether or not that amount may be increased

or reloaded in exchange for payment;

b. Redeemable upon presentation at multiple unaffiliated merchants for goods or

services or usable at automated teller machines; and

c. Not a gift card, payroll card, loyalty card, or game-related digital content.

34. "Utility" means a person that owns or operates for public use a plant, equipment, real

property, franchise, or license for the following public services:

a. Transmission of communications or information;

b. Production, storage, transmission, sale, delivery, or furnishing of electricity, water,

steam, or gas; or

c. Provision of sewage or septic services, or trash, garbage, or recycling disposal.

35. "Virtual currency" means a digital representation of value used as a medium of

exchange, unit of account, or store of value, which does not have legal tender status

recognized by the United States. The term does not include:

a. The software or protocols governing the transfer of the digital representation of

value;

b. Game-related digital content; or

c. A loyalty card or gift card.

36. "Worthless security" means a security whose cost of liquidation and delivery to the

administrator would exceed the value of the security on the date a report is due under

this chapter.
N.D. Cent. Code § 47-36-04 — ND Code / Title 47 / Chapter 47-36 / Section 47-36-04
47-36-04. Terms-of-service agreement
Status: in_force

47-36-04. Terms-of-service agreement

1. This chapter does not change or impair a right of a custodian or a user under a

terms-of-service agreement to access and use digital assets of the user.

2. This chapter does not give a fiduciary or designated recipient any new or expanded

rights other than those held by the user for whom, or for whose estate, the fiduciary or

designated recipient acts.

3. A fiduciary's or designated recipient's access to digital assets may be modified or

eliminated by a user, by federal law, or by a terms-of-service agreement if the user has

not provided direction under section 47-36-03.
N.D. Cent. Code § 47-19-57 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-57
47-19-57. Authority of mortgagee designated as nominee or agent - Retroactive application
Status: in_force

47-19-57. Authority of mortgagee designated as nominee or agent - Retroactive

application.

1. An assignment, satisfaction, or release is entitled to be recorded in the office of the

county recorder and is sufficient to assign, satisfy, or release a mortgage if:

a. A mortgage is granted to a mortgagee as nominee or agent for a third party

identified in the mortgage, and the third party's successors and assigns;

b. A subsequent assignment, satisfaction, or release of the mortgage is executed by

the mortgagee or the third party, its successors or assigns; and

c. The assignment, satisfaction, or release is in recordable form.

2. The county recorder shall rely upon the recorded assignment, satisfaction, or release

in subsection 1 to assign, satisfy, or release the mortgage.

3. This section applies to any mortgage assignment, satisfaction, or release executed,

recorded, or filed before, on, or after August 1, 2009.
N.D. Cent. Code § 47-16-24 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-24
47-16-24. Lessee must give written notice before removal of property from premises
Status: repealed

47-16-24. Lessee must give written notice before removal of property from premises

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 47-16-07.2 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-07.2
47-16-07.2. Statement detailing condition of premises to accompany rental agreement
Status: in_force

47-16-07.2. Statement detailing condition of premises to accompany rental

agreement.

A landlord shall provide the tenant with a statement describing the condition of the facilities

in and about the premises to be rented at the time of entering a rental agreement. The

statement shall be agreed to and signed by the landlord and tenant. The statement shall

constitute prima facie proof of the condition of the facilities and the premises at the beginning of

the rental agreement.
N.D. Cent. Code § 47-26-15 — ND Code / Title 47 / Chapter 47-26 / Section 47-26-15
47-26-15. When partition fence removable
Status: in_force

47-26-15. When partition fence removable

When one party ceases to improve that party's land or opens that party's enclosure, that

party may take away any part of the partition fence belonging to that party and adjoining the

next enclosure unless the owner or occupant of the adjoining enclosure shall pay the sum

determined by a majority of the proper fence viewers to be the value of the part of the partition

fence belonging to the party who has ceased to improve that party's land or who has opened

that party's enclosure. The determination shall be in writing and signed by at least two fence

viewers and the payment shall be made within two months after the value of the fence is

ascertained.
N.D. Cent. Code § 47-19-15 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-15
47-19-15. Acknowledgment and proof without state but within United States - Officers qualified
Status: repealed

47-19-15. Acknowledgment and proof without state but within United States - Officers

qualified.

Repealed by S.L. 1971, ch. 453, § 10.
N.D. Cent. Code § 47-25-06 — ND Code / Title 47 / Chapter 47-25 / Section 47-25-06
47-25-06. Assignment
Status: in_force

47-25-06. Assignment

If the interest of any person engaged in business under a trade name changes or ceases to

exist, or any other person becomes interested therein, the assignment of ownership must be

registered within ninety days after any change takes place. Any trade name and its registration

is assignable with the goodwill of the business in which the trade name is used. Assignment

must be made by the assignor on forms prescribed by the secretary of state setting forth the

trade name, the names and addresses of each assignee, and the nature of the business. The

assignment must be filed by 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.
N.D. Cent. Code § 47-02-05 — ND Code / Title 47 / Chapter 47-02 / Section 47-02-05
47-02-05. Concurrent ownership defined
Status: in_force

47-02-05. Concurrent ownership defined

The ownership of property by several persons is either:

1. Of joint interests;

2. Of partnership interests; or

3. Of interests in common.
N.D. Cent. Code § 47-19-24 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-24
47-19-24. Proof by handwriting - Facts required
Status: in_force

47-19-24. Proof by handwriting - Facts required

The evidence taken under section 47-19-23 must prove to the officer satisfactorily the

following facts:

1. The existence of one or more of the conditions mentioned therein;

2. That the witness testifying knew the person whose name purports to be subscribed to

the instrument as a party, that the witness is well acquainted with that person's

signature, and that it is genuine;

3. That the witness testifying personally knew the person who subscribed the instrument

as a witness, that the witness is well acquainted with the instrument witness's

signature, and that it is genuine; and

4. The place of residence of the witness testifying.
N.D. Cent. Code § 47-30.2-56 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-56
47-30.2-56. (1003) Rules for conducting examination
Status: in_force

47-30.2-56. (1003) Rules for conducting examination

1. The commissioner shall adopt rules governing an examination under section

47-30.2-55, including rules for use of an estimation, extrapolation, and statistical

sampling in conducting an examination. An examination commenced after adoption of

rules under this subsection must comply with the rules.

2. If a person subject to examination under section 47-30.2-55 has filed the reports

required under sections 47-30.2-21 and 47-30.2-54 and has retained the records

required by section 47-30.2-24, the following apply:

a. The examination must include a review of the person's records.

b. The examination may be based on an estimate if no records are available.

c. The person conducting the examination shall consider the evidence presented in

good faith by the person in preparing the findings of the examination under

section 47-30.2-60.
N.D. Cent. Code § 47-16-07.5 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-07.5
47-16-07.5. Disability documentation for service or assistance animal in rental dwelling
Status: in_force

47-16-07.5. Disability documentation for service or assistance animal in rental

dwelling.

A landlord may require reliable supporting documentation be provided by a tenant of a

rental dwelling that is subject to a no pets policy, if the tenant asserts a disability requiring a

service animal or assistance animal be allowed as an accommodation on the rented premises

under any provision of law. Reliable supporting documentation may be provided by a physician

or medical professional who does not operate in this state solely to provide certification for

service or assistance animals. Reliable supporting documentation must confirm the tenant's

disability and the relationship between the tenant's disability and the need for the requested

accommodation. A landlord may not require supporting documentation from a tenant if the

tenant's disability or disability-related need for a service animal or assistance animal is readily

apparent or already known to the landlord.
N.D. Cent. Code § 47-19-47 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-47
47-19-47. Registration of farm names authorized - Certificate
Status: in_force

47-19-47. Registration of farm names authorized - Certificate

Any owner of a farm in the state may have the name of the person's farm, together with a

description of the person's land to which said name applies, recorded in a register kept for that

purpose in the office of the recorder of the county in which said farm is located. The recorder

shall furnish to such landowner a certificate setting forth the name and the description of said

land. When any name shall have been recorded as the name of any farm in such county, the

name shall not be recorded as the name of any other farm in the same county.
N.D. Cent. Code § 47-24.1-22 — ND Code / Title 47 / Chapter 47-24.1 / Section 47-24.1-22
47-24.1-22. Effect on existing custodianships
Status: in_force

47-24.1-22. Effect on existing custodianships

1. Any transfer of custodial property as now defined in this chapter made before July 1,

1985, is validated notwithstanding that there was no specific authority in the North

Dakota Uniform Gifts to Minors Act for the coverage of custodial property of that kind

or for a transfer from that source at the time the transfer was made.

2. This chapter applies to all transfers made before July 1, 1985, in a manner and form

prescribed in the North Dakota Uniform Gifts to Minors Act, except insofar as the

application impairs constitutionally vested rights or extends the duration of

custodianships in existence on July 1, 1985.

3. Sections 47-24.1-01 and 47-24.1-20 with respect to the age of a minor for whom

custodial property is held under this chapter do not apply to custodial property held in

a custodianship that terminated because of the minor's attainment of the age of

eighteen before July 1, 1985.
N.D. Cent. Code § 47-21-05 — ND Code / Title 47 / Chapter 47-21 / Section 47-21-05
47-21-05. Blanket license - File copy and affidavit with state treasurer
Status: repealed

47-21-05. Blanket license - File copy and affidavit with state treasurer

Repealed by S.L. 1987, ch. 558, § 2.
N.D. Cent. Code § 47-16-41 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-41
47-16-41. Demand for release before bringing action - Evidence
Status: in_force

47-16-41. Demand for release before bringing action - Evidence

At least twenty days before bringing the action provided for in section 47-16-37, the owner

of the leased land, either personally or by the owner's agent or attorney, shall demand of the

holder of the lease, if such demand by ordinary diligence can be made in this state, that said

lease be released of record. Such demand may be either written or oral. When written, a carbon

or written copy thereof, when shown to be such, may be used as evidence in any court with the

same force and effect as the original.
N.D. Cent. Code § 47-08-07 — ND Code / Title 47 / Chapter 47-08 / Section 47-08-07
47-08-07. Union of material - Right to restitution or value by nonconsenting owner
Status: in_force

47-08-07. Union of material - Right to restitution or value by nonconsenting owner

In all cases where one whose materials have been used without the person's knowledge in

order to form a product of a different description can claim an interest in such product, the

person has an option to demand either restitution of the person's materials in kind in the same

quantity, weight, measure, and quality, or the value thereof, or where the person is entitled to

the product, the value thereof in place of the product.
N.D. Cent. Code § 47-26-09 — ND Code / Title 47 / Chapter 47-26 / Section 47-26-09
47-26-09. Fence viewers to settle controversy as to rights in fence and duty to maintain
Status: in_force

47-26-09. Fence viewers to settle controversy as to rights in fence and duty to

maintain.

When a controversy arises relative to rights in a partition fence or the obligation to maintain

the same, either party may apply to a majority of the proper fence viewers who, after notice to

each party, may assign in writing to each person that person's share of the fence and direct the

time within which each party shall erect or repair that party's share of the fence. If a party

refuses or neglects to erect or maintain the part of a fence assigned to that party, the aggrieved

party may erect or repair the fence and the value thereof shall be ascertained and recovered in

the manner provided in section 47-26-08.
N.D. Cent. Code § 47-19-55 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-55
47-19-55. Authority of North Dakota notaries in other states
Status: in_force

47-19-55. Authority of North Dakota notaries in other states

A North Dakota notary may perform a notarial act in another state if that state recognizes

the notary's authority within that state.
N.D. Cent. Code § 47-22-07 — ND Code / Title 47 / Chapter 47-22 / Section 47-22-07
47-22-07. Records
Status: in_force

47-22-07. Records

The secretary of state shall keep for public examination a record of all marks registered or

renewed under this chapter.
N.D. Cent. Code § 47-29-03 — ND Code / Title 47 / Chapter 47-29 / Section 47-29-03
47-29-03. Incorporating master form
Status: in_force

47-29-03. Incorporating master form

Thereafter any of the provisions of such master form instrument may be incorporated by

reference in any mortgage or deed of trust of real estate situated within this state, if such

reference in the mortgage or deed of trust states that the master form instrument was recorded

in the county in which the mortgage or deed of trust is offered for record, the date when, the

document number, or the book and page or pages where such master form instrument was

recorded, and that a copy of such master form instrument was furnished to the person executing

the mortgage or deed of trust. The recording of any mortgage or deed of trust which has so

incorporated by reference therein any of the provisions of a master form instrument recorded as

provided in this section shall have like effect as if such provisions of the master form so

incorporated by reference had been set forth fully in the mortgage or deed of trust.
N.D. Cent. Code § 47-16-07.4 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-07.4
47-16-07.4. Fraudulent misrepresentations - Receipt of security deposit
Status: in_force

47-16-07.4. Fraudulent misrepresentations - Receipt of security deposit

A lease or rental agreement for real property or a dwelling unit which is entered into upon

partial or total reliance of fraudulent misrepresentations may be terminated by the party

fraudulently induced into the lease or rental agreement and that party shall receive any security

deposit made pursuant to the lease or rental agreement together with any accrued interest on

the deposit.
N.D. Cent. Code § 47-06-04.1 — ND Code / Title 47 / Chapter 47-06 / Section 47-06-04.1
47-06-04.1. Mobile home storm shelters - Placement and transfer of ownership
Status: in_force

47-06-04.1. Mobile home storm shelters - Placement and transfer of ownership

1. Upon approval of the mobile home park owner, the owner of a mobile home located in

the park may construct a storm shelter in the mobile home park. The approval must be

in writing and must include the type, location, and use of the shelter, and an

agreement between the park owner and the mobile home owner concerning ownership

and maintenance of the shelter.

2. Notwithstanding section 47-06-04, the agreement between the owner of the mobile

home and the park owner must provide that the owner of the mobile home is the

owner of the shelter and may remove the shelter provided the land is returned to its

original condition during any time that person owns the mobile home.

3. The shelter owner may transfer ownership of the shelter to either a person who

purchases the mobile home or to the mobile home park owner. The transfer must be in

writing; must include the type, location, and use of the shelter; must include the

maintenance responsibilities of the parties; and must be signed by both parties. If a

mobile home owner transfers the shelter to a purchaser of the mobile home, the terms

of the transfer must be the same as the terms of the agreement between the park

owner and the mobile home owner required under subsection 1.

a. If a suitable price cannot be agreed upon with the mobile home park owner, the

shelter owner is deemed to have transferred the ownership and maintenance

responsibilities of the shelter to the park owner without cost, unless the shelter is

removed or the shelter is transferred to a purchaser of the mobile home as

provided in this section.

b. If the park owner is unwilling to assume ownership of the shelter, the park owner

may require the mobile home owner to remove the shelter and return the land to

its original condition.

4. The park owner is not liable for any injury or damages that may occur to the mobile

home owner as a result of the installation or use of the mobile home storm shelter.

5. All shelters must meet with the approval of local governing bodies.
N.D. Cent. Code § 47-20.1-12 — ND Code / Title 47 / Chapter 47-20.1 / Section 47-20.1-12
47-20.1-12. Disturbance of survey corners - Penalty
Status: in_force

47-20.1-12. Disturbance of survey corners - Penalty

No United States government survey corner nor any corner established by any registered

land surveyor, monumented as herein prescribed, shall be disturbed, removed, or in any

manner changed by any person in the prosecution of any public or private work. Whoever shall

violate any of the provisions of this section shall be guilty of an infraction.
N.D. Cent. Code § 47-16-13.4 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-13.4
47-16-13.4. Remedy after termination
Status: in_force

47-16-13.4. Remedy after termination

If the rental agreement is terminated, the landlord has a claim for possession and for rent

and a separate claim for actual damages for breach of the rental agreement.
N.D. Cent. Code § 47-16-39 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-39
47-16-39. Record of surrender
Status: in_force

47-16-39. Record of surrender

The certificate of cancellation mentioned in section 47-16-38 shall be recorded at length and

shall be noted on the margin of the record of the lease.
N.D. Cent. Code § 47-09-07 — ND Code / Title 47 / Chapter 47-09 / Section 47-09-07
47-09-07. Delivery must be absolute - Conditional delivery ineffective, becomes absolute
Status: in_force

47-09-07. Delivery must be absolute - Conditional delivery ineffective, becomes

absolute.

A grant cannot be delivered to the grantee conditionally. Delivery to the grantee or to the

grantee's agent as such is necessarily absolute and the instrument takes effect thereupon,

discharged of any condition on which the delivery was made.
N.D. Cent. Code § 47-04-23 — ND Code / Title 47 / Chapter 47-04 / Section 47-04-23
47-04-23. Effect of unexecuted power
Status: in_force

47-04-23. Effect of unexecuted power

A general or special power of appointment does not prevent the vesting of a future estate

limited to take effect in case such power is not executed.
N.D. Cent. Code § 47-02-17 — ND Code / Title 47 / Chapter 47-02 / Section 47-02-17
47-02-17. Improbable contingency - Future interest valid
Status: in_force

47-02-17. Improbable contingency - Future interest valid

A future interest is not void merely because of the improbability of the contingency on which

it is limited to take effect.
N.D. Cent. Code § 47-16-06 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-06
47-16-06. When a lease is presumed renewed
Status: in_force

47-16-06. When a lease is presumed renewed

If a lessee of real property remains in possession of the real property after the expiration of

the lease and the lessor accepts rent from the lessee, the parties are presumed to have

renewed the lease on the same terms and for the same time, not exceeding one year. Except in

the case of a lease with an automatic renewal clause, if a lessee of real property for residential

purposes remains in possession of the property after the expiration of the lease and the lessor

accepts rent from the lessee, the parties are presumed to have renewed the lease as a

month-to-month tenancy.
N.D. Cent. Code § 47-30.2-39 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-39
47-30.2-39. (610) Periods of limitation and repose
Status: in_force

47-30.2-39. (610) Periods of limitation and repose

1. Expiration before, on, or after July 1, 2021, of a period of limitation on an owner's right

to receive or recover property, whether specified by contract, statute, or court order,

does not prevent the property from being presumed abandoned or affect the duty of a

holder under this chapter to file a report or pay or deliver property to the administrator.

2. The administrator may not commence an action or proceeding to enforce this chapter

with respect to the reporting, payment, or delivery of property more than seven years

after the holder filed a nonfraudulent report under section 47-30.2-21 with the

administrator. The parties may agree in a record to extend the limitation in this

subsection.

3. The administrator may not commence an action, proceeding, or examination with

respect to a duty of a holder under this chapter more than ten years after the duty

arose.

4. The periods of limitation established by this section are tolled by the earlier of the

administrator's delivery of a notice that a holder is subject to an examination or the

delivery of notice of authorization to voluntarily disclose property subject to this chapter

under section 47-30.2-55.
N.D. Cent. Code § 47-30.2-61 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-61
47-30.2-61. (1008) Informal conference during examination
Status: in_force

47-30.2-61. (1008) Informal conference during examination

1. If a person subject to examination under section 47-30.2-55 believes the person

conducting the examination has made an unreasonable or unauthorized request or is

not proceeding expeditiously to complete the examination, the person subject to the

examination may ask the administrator to intervene and take appropriate remedial

action, including countermanding the request of the person conducting the

examination, imposing a time limit for completion of the examination, or reassigning

the examination to another person.

2. If a person subject to the examination requests a conference with the administrator to

present matters that are the basis of a request under subsection 1, the administrator

shall hold the conference not later than thirty days after receiving the request. The

administrator may hold the conference in person, by telephone, or by electronic

means.

3. If a conference is held under subsection 2, not later than thirty days after the

conference ends, the administrator shall provide a report in a record of the conference

to the person that requested the conference.
N.D. Cent. Code § 47-24.1-16 — ND Code / Title 47 / Chapter 47-24.1 / Section 47-24.1-16
47-24.1-16. Exemption of third person from liability
Status: in_force

47-24.1-16. Exemption of third person from liability

A third person in good faith and without court order may act on the instructions of or

otherwise deal with any person purporting to make a transfer or purporting to act in the capacity

of a custodian and, in the absence of knowledge, is not responsible for determining:

1. The validity of the purported custodian's designation;

2. The propriety of, or the authority under this chapter for, any act of the purported

custodian;

3. The validity or propriety under this chapter of any instrument or instructions executed

or given either by the person purporting to make a transfer or by the purported

custodian; or

4. The propriety of the application of any property of the minor delivered to the purported

custodian.
N.D. Cent. Code § 47-16-13.1 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-13.1
47-16-13.1. Landlord obligations - Maintenance of premises
Status: in_force

47-16-13.1. Landlord obligations - Maintenance of premises

1. A landlord of a residential dwelling unit shall:

a. Comply with the requirements of applicable building and housing codes materially

affecting health and safety.

b. Make all repairs and do whatever is necessary to put and keep the premises in a

fit and habitable condition.

c. Keep all common areas of the premises in a clean and safe condition.

d. Maintain in good and safe working order and condition all electrical, plumbing,

sanitary, heating, ventilating, air-conditioning, and other facilities and appliances,

including elevators, supplied or required to be supplied by the landlord.

e. Provide and maintain appropriate receptacles and conveniences for the removal

of ashes, garbage, rubbish, and other waste incidental to the occupancy of the

dwelling unit and arrange for their removal.

f. Supply running water and reasonable amounts of hot water at all times and

reasonable heat, except if the building that includes the dwelling unit is not

required by law to be equipped for that purpose or if the dwelling unit is so

constructed that heat or hot water is generated by an installation within the

exclusive control of the tenant and supplied by a direct public utility connection or

if the water or heat is unavailable due to supply failure by a public utility.

2. In case of noncompliance with the requirements of subdivisions b through f of

subsection 1, a reasonable time shall be allowed to remedy such noncompliance.

3. If the duty imposed by subdivision a of subsection 1 is greater than any duty imposed

by any other subdivision of that subsection, the landlord's duty shall be determined by

reference to subdivision a of subsection 1.

4. The landlord and tenant of a single-family residence may agree in writing that the

tenant perform the landlord's duties specified in subdivisions e and f of subsection 1

and also specified repairs, maintenance tasks, alterations, and remodeling, but only if

the transaction is entered into in good faith.

5. The landlord and tenant of any dwelling unit other than a single-family residence may

agree that the tenant is to perform specified repairs, maintenance tasks, alterations, or

remodeling only if:

a. The agreement of the parties is entered into in good faith and is set forth in a

separate writing signed by the parties and supported by adequate consideration.

b. The work is not necessary to cure noncompliance with subdivision e of

subsection 1.

c. The agreement does not diminish or affect the obligation of the landlord to other

tenants in the premises.

6. The landlord may not treat performance of the separate agreement described in

subsection 4 as a condition to any obligation or performance of any rental agreement.
N.D. Cent. Code § 47-19.1-01 — ND Code / Title 47 / Chapter 47-19.1 / Section 47-19.1-01
47-19.1-01. What constitutes marketable title
Status: in_force

47-19.1-01. What constitutes marketable title

Any person that has an unbroken chain of title to any interest in real estate and that

person's immediate or remote grantors under a conveyance or other title transaction that has

been of record for a period of twenty years or longer, and is in possession of the interest, is

deemed to have a marketable record title to the interest, subject solely to the claims or defects

that are not extinguished or barred by the application of this chapter, instruments that have been

recorded less than twenty years, and encumbrances of record not barred by the statute of

limitations.
N.D. Cent. Code § 47-31-06 — ND Code / Title 47 / Chapter 47-31 / Section 47-31-06
47-31-06. Transactions allowed
Status: in_force

47-31-06. Transactions allowed

Leasing pore space is not a severance prohibited by this chapter.
N.D. Cent. Code § 47-08-04 — ND Code / Title 47 / Chapter 47-08 / Section 47-08-04
47-08-04. Material of several owners - Admixture without consent of the same - Ownership - Determination
Status: in_force

47-08-04. Material of several owners - Admixture without consent of the same -

Ownership - Determination.

When a thing has been formed by the admixture of several materials of different owners and

neither can be considered the principal substance, an owner, without whose consent the

admixture was made, may require separation if the materials can be separated without

inconvenience. If they cannot be thus separated, the owners acquire the thing in common in

proportion to the quantity, quality, and value of their materials. If the materials of one were far

superior to those of the others, both in quantity and value, that person may claim the thing on

reimbursing to the others the value of their materials.
N.D. Cent. Code § 47-16-03 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-03
47-16-03. Filing farm lease containing reservation of title to crop - Waiver of rights on failure to file
Status: reserved

47-16-03. Filing farm lease containing reservation of title to crop - Waiver of rights on

failure to file.

1. When a lease of a farm contains a provision reserving title in the lessor to any part of

the crops in excess of the rental share of the lessor until the stated conditions of the

lease have been complied with by the lessee, such lease must be filed in the office of

the recorder in the county in which the land described therein is located if notice by a

real estate recording is sought, and must be filed electronically in the central indexing

system if recording in the central notice system is sought, prior to July first in the year

in which the crops are raised to render such reservation of title effective as to

subsequent purchasers or encumbrancers of any part of the grain over and above the

lessor's rental share produced upon the land.

2. The failure to file such lease or contract in accordance with this section constitutes a

waiver by the lessor of all rights reserved by that person over and above that person's

rental share in such crops as against any subsequent purchaser or encumbrancer of

the lessee.

3. The secretary of state shall provide an electronic system that includes the pertinent

information from the lease that may be filed in the central notice system. A lessor may

file this electronic statement and obtain the same rights under this section as if the

lessor had filed the lease.

4. The fee required to file and index this notice of lease is:

a. As provided in section 11-18-05, if the notice of lease is only a real estate

recording;

b. As provided in section 41-09-96, if the notice of lease is filed only to gain

protection under the central notice system; or

c. As provided in section 11-18-05, if a real estate recording is sought and according

to section 41-09-96 if electronically filed to gain protection under the central

notice system.
N.D. Cent. Code § 47-16-13.5 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-13.5
47-16-13.5. Mitigation of damages
Status: in_force

47-16-13.5. Mitigation of damages

Any party aggrieved under sections 47-16-13.1 through 47-16-13.6 may recover appropriate

damages. However, the aggrieved party has a duty to mitigate damages.
N.D. Cent. Code § 47-19-41 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-41
47-19-41. Effect of not recording - Priority of first record - Constructive notice - Limitation and validation
Status: in_force

47-19-41. Effect of not recording - Priority of first record - Constructive notice -

Limitation and validation.

An unrecorded conveyance of real estate is void as against any subsequent purchaser in

good faith, and for a valuable consideration, of the same real estate or any part of the same real

estate, regardless of whether recorded in the form of a warranty deed or deed of quitclaim and

release or the form in common use first is recorded or as against an attachment on the property

or judgment, against the owner of record, before the recording of the conveyance. The fact that

the first recorded conveyance is a quitclaim deed does not affect the question of good faith of

the subsequent purchaser, or be of itself notice of any unrecorded conveyance of the same real

estate or any part of the same real estate. This section is notice to all who claim under

unrecorded instruments that prior recording of later instruments may nullify their title to or lien on

affected real property. An action affecting any title to or lien on real property may not be

commenced or defense or counterclaim asserted on the ground that a recorded instrument was

not entitled to be recorded. The record of all instruments whether or not entitled to be recorded

is deemed valid and sufficient as the legal record of the instruments.
N.D. Cent. Code § 47-16-13.7 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-13.7
47-16-13.7. Eviction - Lessee liable for rent during term of lease
Status: in_force

47-16-13.7. Eviction - Lessee liable for rent during term of lease

A lessee evicted according to law is liable for rent during the remainder of the term of the

lease. However, this section does not relieve the landlord of the duty to mitigate damages.
N.D. Cent. Code § 47-35-01 — ND Code / Title 47 / Chapter 47-35 / Section 47-35-01
47-35-01. Security interest in rents
Status: in_force

47-35-01. Security interest in rents

1. A document, however denominated, that is enforceable and creates or provides for a

security interest in real property, whether or not it also creates or provides for a

security interest in personal property, creates an assignment of rents arising from the

real property described in the document, unless the document provides otherwise.

2. An assignment of rents creates a presently effective security interest in all accrued and

unaccrued rents arising from the real property described in the document creating the

assignment, whether the document is denominated an absolute assignment, an

absolute assignment condition upon default, an assignment as additional security, or

otherwise. The security interest in rents is separate and distinct from any security

interest held by the assignee in the real property.
N.D. Cent. Code § 47-21.1-02 — ND Code / Title 47 / Chapter 47-21.1 / Section 47-21.1-02
47-21.1-02. Unauthorized transfer of recorded sound or the recording of any performance prohibited
Status: in_force

47-21.1-02. Unauthorized transfer of recorded sound or the recording of any

performance prohibited.

It is hereby declared unlawful for any person to knowingly:

1. Transfer or cause to be transferred any sounds recorded on a phonograph record,

disc, tape, wire, film, or other article on which sounds are recorded, with the intent to

sell or cause to be sold for profit, or used to promote the sale of any product, any

article on which sounds are so transferred without the express consent of the owner.

2. And without the consent of the performer, transfer to or cause to be transferred to any

phonograph record, disc, wire, tape, film, or other article, any performance, whether

live before an audience or transmitted by wire or through the air by radio or television,

with the intent to sell or cause to be sold for profit or used to promote the sale of any

product, such article onto which such performance is so transferred.

3. Or with reasonable grounds to know, advertise, or offer for sale or resale, or sell or

resell, distribute or possess for such purposes, any recorded article that has been

produced without the consent of the owner. Possession of five or more duplicate

copies, or twenty or more individual copies of such recorded articles, produced without

the consent of the owner, shall create a rebuttable presumption that such devices are

intended for sale or distribution in violation of this section.

4. Or with reasonable grounds to know, sell or resell, distribute or possess for such

purposes, any phonograph record, disc, wire, tape, film, or other article embodying any

performance, whether live before an audience, or transmitted by wire or through the air

by radio or television, recorded without the consent of the performer.
N.D. Cent. Code § 47-19-11 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-11
47-19-11. Chain of title - Variations in spelling - Affidavit to cure
Status: in_force

47-19-11. Chain of title - Variations in spelling - Affidavit to cure

Wherever in the record of title to real estate, there appears in the chain of title any variation

in the spelling of the name of any person appearing in such chain of title, in any instrument

affecting the title to the real estate, or where any grantor, mortgagor, vendor, lessor, or other

maker of any such instrument, signs without the joinder of the spouse, any person may make an

affidavit setting forth therein:

1. That the person personally is cognizant of the facts stated by the person in such

affidavit;

2. The identity of any person appearing in such chain of title under names varying in the

spelling thereof or in the use of initials; and

3. Whether or not, at the time of the transfer or encumbrance to which the affidavit

relates, the land described therein was or was not the homestead of the grantors,

mortgagors, vendors, or the persons whose title is divested or encumbered, wholly or

in part, or in any way affected by such transfer or conveyance.
N.D. Cent. Code § 47-04-13 — ND Code / Title 47 / Chapter 47-04 / Section 47-04-13
47-04-13. Contingent remainder created on prior remainder - Effect
Status: repealed

47-04-13. Contingent remainder created on prior remainder - Effect

Repealed by omission from this code.
N.D. Cent. Code § 47-15-10 — ND Code / Title 47 / Chapter 47-15 / Section 47-15-10
47-15-10. Termination before end of term by letter
Status: in_force

47-15-10. Termination before end of term by letter

The letter of personal property may terminate the hiring and reclaim the property before the

end of the term agreed upon when the:

1. Hirer uses or permits a use of the property hired in a manner contrary to the

agreement of the parties; or

2. Hirer does not make, within a reasonable time after request, such repairs as the hirer

is bound to make.
N.D. Cent. Code § 47-14-03 — ND Code / Title 47 / Chapter 47-14 / Section 47-14-03
47-14-03. Loan presumes interest
Status: in_force

47-14-03. Loan presumes interest

Whenever a loan of money is made, it is presumed to be made upon interest unless it is

expressly stipulated otherwise in writing at the time it is made.
N.D. Cent. Code § 47-11-09 — ND Code / Title 47 / Chapter 47-11 / Section 47-11-09
47-11-09. Gift in view of death defined
Status: in_force

47-11-09. Gift in view of death defined

A gift in view of death is one which is made in contemplation, fear, or peril of death and with

intent that it shall take effect only in case of the death of the giver.
N.D. Cent. Code § 47-16-40 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-40
47-16-40. Record of lease as notice for definite term - Extension upon contingency - Affidavit
Status: in_force

47-16-40. Record of lease as notice for definite term - Extension upon contingency -

Affidavit.

When an oil, gas, or mineral lease is hereafter given on land situated within the state of

North Dakota, the recording thereof in the office of the recorder of the county in which the land

is located shall impart notice to the public of the validity and continuance of said lease for the

definite term therein expressed, but no longer. If such lease contains the statement of any

contingency upon the happening of which the term of any such lease may be extended, such

as, and as much longer as oil and gas or either are produced in paying quantities, the owner of

said lease may at any time before the expiration of the definite term of said lease file with said

recorder an affidavit setting forth the description of the lease, that the affiant is the owner thereof

and the facts showing that the required contingency has happened. This affidavit shall be

recorded in full by the recorder, and such record together with that of the lease shall be due

notice to the public of the existence and continuing validity of said lease, until the same shall be

forfeited, canceled, set aside, or surrendered according to law.
N.D. Cent. Code § 47-01-13 — ND Code / Title 47 / Chapter 47-01 / Section 47-01-13
47-01-13. Ownership of land includes water
Status: repealed

47-01-13. Ownership of land includes water

Repealed by S.L. 1963, ch. 419, § 7.
N.D. Cent. Code § 47-24.1-13 — ND Code / Title 47 / Chapter 47-24.1 / Section 47-24.1-13
47-24.1-13. Powers of custodian
Status: in_force

47-24.1-13. Powers of custodian

1. A custodian, acting in a custodial capacity, has all the rights, powers, and authority

over custodial property that unmarried adult owners have over their own property, but

a custodian may exercise those rights, powers, and authority in that capacity only.

2. This section does not relieve a custodian from liability for breach of section 47-24.1-12.
N.D. Cent. Code § 47-06-07 — ND Code / Title 47 / Chapter 47-06 / Section 47-06-07
47-06-07. Ancient streambed taken by owners of new course as indemnity
Status: in_force

47-06-07. Ancient streambed taken by owners of new course as indemnity

If a stream, navigable or not navigable, forms a new course abandoning its ancient bed, the

owners of the land newly occupied take by way of indemnity the ancient bed abandoned, each

in proportion to the land of which the owner has been deprived.
N.D. Cent. Code § 47-04.1-04 — ND Code / Title 47 / Chapter 47-04.1 / Section 47-04.1-04
47-04.1-04. Declaration of restrictions
Status: in_force

47-04.1-04. Declaration of restrictions

The owner of a project, shall, prior to the conveyance of any condominium therein, record a

declaration of restrictions relating to such project, which restrictions shall be enforceable

equitable servitudes where reasonable, and shall inure to and bind all owners of condominiums

in the project. Such servitudes, unless otherwise provided, may be enforced by any legal or

equitable owner of a condominium in the project.
N.D. Cent. Code § 47-16-16 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-16
47-16-16. When lessor may terminate lease
Status: in_force

47-16-16. When lessor may terminate lease

The lessor of real property may terminate the lease and reclaim such property before the

end of the term agreed upon when the lessee:

1. Uses or permits a use of the property leased in a manner contrary to the agreement of

the parties; or

2. Does not make such repairs as the lessee is bound to make within a reasonable time

after a request is made.