N.D. Cent. Code § 47-18-03 — ND Code / Title 47 / Chapter 47-18 / Section 47-18-03
47-18-03. Selection of homestead exemption
Status: in_force

47-18-03. Selection of homestead exemption

If a homestead claimant is married, the homestead may be selected from the separate

property of either spouse with the consent of the other spouse.
N.D. Cent. Code § 47-02-13 — ND Code / Title 47 / Chapter 47-02 / Section 47-02-13
47-02-13. Limited interest defined
Status: in_force

47-02-13. Limited interest defined

A limited interest has a duration less than that of the property.
N.D. Cent. Code § 47-15-02 — ND Code / Title 47 / Chapter 47-15 / Section 47-15-02
47-15-02. Obligations of letter
Status: in_force

47-15-02. Obligations of letter

One who lets personal property must:

1. Deliver it to the hirer;

2. Secure the hirer's quiet enjoyment thereof against all lawful claimants;

3. Put it into a condition fit for the purpose for which the letter lets it; and

4. Repair all deteriorations thereof not occasioned by the fault of the hirer and not the

natural result of its use.
N.D. Cent. Code § 47-30.2-12 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-12
47-30.2-12. (210) Indication of apparent owner interest in property
Status: in_force

47-30.2-12. (210) Indication of apparent owner interest in property

1. The period after which property is presumed abandoned is measured from the later of:

a. The date the property is presumed abandoned under sections 47-30.2-04,

47-30.2-05, 47-30.2-06, 47-30.2-07, 47-30.2-08, 47-30.2-09, 47-30.2-10,

47-30.2-11, 47-30.2-12, 47-30.2-13, and 47-30.2-14; or

b. The latest indication of interest by the apparent owner in the property.

2. Under this chapter, an indication of an apparent owner's interest in property includes:

a. A record communicated by the apparent owner to the holder or agent of the

holder concerning the property or the account in which the property is held;

b. An oral communication by the apparent owner to the holder or agent of the holder

concerning the property or the account in which the property is held, if the holder

or its agent contemporaneously makes and preserves a record of the fact of the

apparent owner's communication;

c. Presentment of a check or other instrument of payment of a dividend, interest

payment, or other distribution, or evidence of receipt of a distribution made by

electronic or similar means, with respect to an account, underlying security, or

interest in a business association;

d. Activity directed by an apparent owner in the account in which the property is

held, including accessing the account or information concerning the account, or a

direction by the apparent owner to increase, decrease, or otherwise change the

amount or type of property held in the account;

e. A deposit into or withdrawal from an account at a financial organization, including

an automatic deposit or withdrawal previously authorized by the apparent owner

other than an automatic reinvestment of dividends or interest;

f. Subject to subsection 5, payment of a premium on an insurance policy; and

g. Any other action by the apparent owner which reasonably demonstrates to the

holder that the apparent owner knows that the property exists.

3. An action by an agent or other legal representative of an apparent owner, other than

the holder acting as the apparent owner's agent, is presumed to be an action on behalf

of the apparent owner.

4. A communication with an apparent owner by a person other than the holder or the

holder's representative is not an indication of interest in the property by the apparent

owner unless a record of the communication evidences the apparent owner's

knowledge of a right to the property.

5. If the insured dies or the insured or beneficiary of an insurance policy otherwise

becomes entitled to the proceeds before depletion of the cash surrender value of the

policy by operation of an automatic-premium-loan provision or other nonforfeiture

provision contained in the policy, the operation does not prevent the policy from

maturing or terminating.
N.D. Cent. Code § 47-04-20 — ND Code / Title 47 / Chapter 47-04 / Section 47-04-20
47-04-20. Remainder limited to heirs of body of life tenant - Rule in Shelley's Case abolished
Status: in_force

47-04-20. Remainder limited to heirs of body of life tenant - Rule in Shelley's Case

abolished.

When a remainder is limited to the heirs, or heirs of the body, of a person to whom a life

estate in the same property is given, the persons who, on the termination of the life estate are

the successors or heirs of the body of the owner for life, are entitled to take by virtue of the

remainder so limited to them and not as mere successors of the owner for life.
N.D. Cent. Code § 47-08-08 — ND Code / Title 47 / Chapter 47-08 / Section 47-08-08
47-08-08. Damages - Liability of person uniting materials of another
Status: in_force

47-08-08. Damages - Liability of person uniting materials of another

One who wrongfully employs materials belonging to another is liable to that person in

damages in addition to any other liability prescribed by this chapter.
N.D. Cent. Code § 47-07-01 — ND Code / Title 47 / Chapter 47-07 / Section 47-07-01
47-07-01. Jurisdiction - Law of domicile applies
Status: in_force

47-07-01. Jurisdiction - Law of domicile applies

If there is no law to the contrary in the place where personal property is situated, it is

deemed to follow the person of its owner and is governed by the law of the owner's domicile.
N.D. Cent. Code § 47-24.1-08 — ND Code / Title 47 / Chapter 47-24.1 / Section 47-24.1-08
47-24.1-08. Receipt for custodial property
Status: in_force

47-24.1-08. Receipt for custodial property

A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and

discharge for custodial property transferred to the custodian pursuant to this chapter.
N.D. Cent. Code § 47-16-07.1 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-07.1
47-16-07.1. Real property and dwelling security deposits - Limitations and requirements
Status: in_force

47-16-07.1. Real property and dwelling security deposits - Limitations and

requirements.

1. The lessor of real property or a dwelling who requires money as a security deposit,

however denominated, shall deposit the money in a federally insured interest-bearing

savings or checking account for the benefit of the tenant. The security deposit and any

interest accruing on the deposit must be paid to the lessee upon termination of a

lease, subject to the conditions of subsection 2. A lessor may not demand or receive

security, however denominated, in an amount or value in excess of one month's rent,

except:

a. A lessor may accept an amount or value up to two month's rent, as security, from

an individual convicted of a felony offense as an incentive to rent the property to

the individual.

b. A lessor may demand an amount or value up to two months rent, as security,

from an individual who has had a judgment entered against that individual for

violating the terms of a previous rental agreement.

2. A lessor may charge a lessee a pet security deposit for keeping an animal that is not a

service animal or companion animal required by a tenant with a disability as a

reasonable accommodation under fair housing laws. A pet security deposit may not

exceed the greater of two thousand five hundred dollars or an amount equivalent to

two months' rent.

3. A lessor may apply security deposit money and accrued interest upon termination of a

lease towards:

a. Any damages the lessor has suffered by reason of deteriorations or injuries to the

real property or dwelling by the lessee's pet or through the negligence of the

lessee or the lessee's guest.

b. Any unpaid rent.

c. The costs of cleaning or other repairs which were the responsibility of the lessee,

and which are necessary to return the dwelling unit to its original state when the

lessee took possession, reasonable wear and tear excepted.

Application of any portion of a security deposit not paid to the lessee upon termination

of the lease must be itemized by the lessor. Such itemization together with the amount

due must be delivered or mailed to the lessee at the last address furnished lessor,

along with a written notice within thirty days after termination of the lease and delivery

of possession by the lessee. The notice must contain a statement of any amount still

due the lessor or the refund due the lessee. A lessor is not required to pay interest on

security deposits if the period of occupancy was less than nine months in duration. Any

amounts not claimed from the lessor by the lessee within one year of the termination

of the lease agreement are subject to the reporting requirements of section

47-30.2-04.

4. A lessor is liable for treble damages for any security deposit money withheld without

reasonable justification.

5. Upon a transfer in ownership of the leased real property or dwelling, the security

deposit and accrued interest shall be transferred to the grantee of the lessor's interest.

The grantor shall not be relieved of liability under this section until transfer of the

security deposit to the grantee. The holder of the lessor's interest in the real property

or dwelling at the termination of a lease shall be bound by this section even though

such holder was not the original lessor who received the security deposit.

6. This section applies to the state and to political subdivisions of the state that lease real

property or dwellings and require money as a security deposit.
N.D. Cent. Code § 47-27-02 — ND Code / Title 47 / Chapter 47-27 / Section 47-27-02
47-27-02. Private road not changed to public road
Status: in_force

47-27-02. Private road not changed to public road

Nothing contained in this chapter shall in any way change a private road through enclosed

farm premises into a public road, nor take from a person in lawful possession of any premises

the right to close any private road through such premises.
N.D. Cent. Code § 47-19-29 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-29
47-19-29. Certificate of acknowledgment by an attorney in fact
Status: in_force

47-19-29. Certificate of acknowledgment by an attorney in fact

The certificate of acknowledgment by an attorney in fact must be substantially in the

following form:

STATE OF NORTH DAKOTA)

County of ___________ )

On this _____ day of _____________, in the year _________ before me (here insert

the name and quality of the officer), personally appeared ___________, known to me (or

proved to me on the oath of _________________) to be the person who is described in and

whose name is subscribed to the within instrument as the attorney in fact of

_____________ and acknowledged to me that that person subscribed the name of

_______________ thereto as principal and that person's own name as attorney in fact.
N.D. Cent. Code § 47-16-02.1 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-02.1
47-16-02.1. Rent controls - Prohibited
Status: in_force

47-16-02.1. Rent controls - Prohibited

A political subdivision may not enact, maintain, or enforce an ordinance or resolution that

would have the effect of controlling the amount of rent charged for leasing private residential or

commercial property. This section does not impair the right of a political subdivision to manage

and control residential property in which the political subdivision has a fee title interest.
N.D. Cent. Code § 47-05-05 — ND Code / Title 47 / Chapter 47-05 / Section 47-05-05
47-05-05. Servitude - Creation
Status: in_force

47-05-05. Servitude - Creation

A servitude can be created only by one who has a vested estate in the servient tenement.
N.D. Cent. Code § 47-06-03 — ND Code / Title 47 / Chapter 47-06 / Section 47-06-03
47-06-03. Title to real property - Adverse possession
Status: in_force

47-06-03. Title to real property - Adverse possession

A title to real property, vested in any person who has been or hereafter shall be, either alone

or including those under whom that person claims, in the actual open adverse and undisputed

possession of the land under such title for a period of ten years and who, either alone or

including those under whom that person claims, shall have paid all taxes and assessments

legally levied thereon, shall be valid in law. Possession by a county under tax deed shall not be

deemed adverse. A contract for deed shall constitute color of title within the meaning of this

section from and after the execution of such contract.
N.D. Cent. Code § 47-31-04 — ND Code / Title 47 / Chapter 47-31 / Section 47-31-04
47-31-04. Conveyance of real property conveys pore space
Status: in_force

47-31-04. Conveyance of real property conveys pore space

A conveyance of title to the surface of real property conveys the pore space in all strata

underlying the surface of the real property.
N.D. Cent. Code § 47-21-10 — ND Code / Title 47 / Chapter 47-21 / Section 47-21-10
47-21-10. Obligation of contract or license - Impairment
Status: repealed

47-21-10. Obligation of contract or license - Impairment

Repealed by S.L. 1987, ch. 558, § 2.
N.D. Cent. Code § 47-16-37 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-37
47-16-37. Action to obtain release - Damages, costs, and attorney's fees - Attachment
Status: in_force

47-16-37. Action to obtain release - Damages, costs, and attorney's fees - Attachment

Should the owner of such lease neglect or refuse to execute a release, then the owner of

the leased premises may sue in any court of competent jurisdiction to obtain such release, and

may also recover in such action of the lessee, the lessee's successors or assigns, the sum of

one hundred dollars as damages, and all costs, together with a reasonable attorney's fee for

preparing and prosecuting the suit, and may also recover any additional damages that the

evidence in the case will warrant. In all such actions, writs of attachment may issue as in other

cases.
N.D. Cent. Code § 47-02-30 — ND Code / Title 47 / Chapter 47-02 / Section 47-02-30
47-02-30. Future interest - Effect of change of intermediate interest
Status: in_force

47-02-30. Future interest - Effect of change of intermediate interest

No future interest can be defeated or barred by any alienation or other act of the owner of

the intermediate or precedent interest, nor by any destruction of such precedent interest by

forfeiture, surrender, merger, or otherwise, except as provided by section 47-02-32, or when a

forfeiture is imposed by statute as a penalty for the violation thereof.
N.D. Cent. Code § 47-06-04 — ND Code / Title 47 / Chapter 47-06 / Section 47-06-04
47-06-04. Fixtures - When tenant may remove
Status: in_force

47-06-04. Fixtures - When tenant may remove

When a person affixes that person's property to the land of another without an agreement

permitting that person to remove it, the thing affixed belongs to the owner of the land, unless the

owner of the land chooses to require the former to remove it. A tenant may remove from the

demised premises, anytime during the continuance of the tenant's term, anything affixed

thereto, for the purpose of trade, manufacture, ornament, or domestic use, if the removal can be

effected without injury to the premises, unless the thing has become an integral part of the

premises by the manner in which it is affixed. When any tenant upon agricultural land shall have

built, erected, or placed upon such leased premises during the tenant's tenancy, any grain bin,

granary, or structure for the purpose of housing grain, and no written agreement between the

landlord and the tenant has been made as to its removal, the tenant may remove the same at

any time within eight months after the termination of the tenant's lease and the vacating of said

premises. The tenant shall not have said right of removal as against the owner or holder of any

mortgage, deed, or conveyance which shall have been filed and recorded after the building,

erection, or placing of such bin, granary, or structure, unless such tenant, within sixty days after

such building, erecting, or placing, shall have filed in the office of the recorder a written notice

describing the land, the character of the structure, and stating that the tenant intends to remove

such structure as provided by law.
N.D. Cent. Code § 47-12-03 — ND Code / Title 47 / Chapter 47-12 / Section 47-12-03
47-12-03. Degree of skill to be exercised by borrower
Status: in_force

47-12-03. Degree of skill to be exercised by borrower

A borrower for use is bound to have and exercise such degree of skill in the care of the

personal property borrowed as the borrower causes the lender to believe the borrower to

possess.
N.D. Cent. Code § 47-19-38 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-38
47-19-38. Action to correct certificate of acknowledgment
Status: in_force

47-19-38. Action to correct certificate of acknowledgment

When the acknowledgment or proof of execution of an instrument is made properly but is

defectively certified, any party interested may institute an action in the district court to obtain a

judgment correcting the certificate.
N.D. Cent. Code § 47-09-08 — ND Code / Title 47 / Chapter 47-09 / Section 47-09-08
47-09-08. Delivery in escrow
Status: in_force

47-09-08. Delivery in escrow

A grant may be deposited by the grantor with a third person to be delivered on the

performance of a condition, and on delivery by the depositary it will take effect. While in the

possession of the third person and subject to condition, it is called an escrow.
N.D. Cent. Code § 47-21.1-03 — ND Code / Title 47 / Chapter 47-21.1 / Section 47-21.1-03
47-21.1-03. Disclosure of name and address of manufacturer
Status: in_force

47-21.1-03. Disclosure of name and address of manufacturer

No person shall advertise or offer for sale or resale, or sell or resell, or possess for such

purposes, any phonograph record, disc, wire, tape, film, or other article on which sounds are

recorded, unless the outside cover, box, or jacket clearly and conspicuously discloses the actual

name and address of the manufacturer thereof, and the name of the actual performer or group

of performers.
N.D. Cent. Code § 47-05-01.1 — ND Code / Title 47 / Chapter 47-05 / Section 47-05-01.1
47-05-01.1. Solar easement - Creation
Status: in_force

47-05-01.1. Solar easement - Creation

Any easement obtained for the purpose of exposure of a solar energy device to the direct

rays of the sun shall be created in writing and shall be subject to the same conveyancing and

instrument recording requirements as other easements. The term "solar energy device" means

the device, mechanism, or apparatus designed to receive the direct rays of the sun and convert

those rays into heat, electrical, or other form of energy for the purpose of providing heating,

cooling, or electrical power.
N.D. Cent. Code § 47-25-02 — ND Code / Title 47 / Chapter 47-25 / Section 47-25-02
47-25-02. Trade name - Registration - Statement - Contents
Status: in_force

47-25-02. Trade name - Registration - Statement - Contents

A person or organization may not engage in business in this state under a trade name until

the trade name is registered with the secretary of state. This section does not apply to

partnerships that have filed a fictitious name certificate as provided under chapter 45-11. The

trade name registration must be a statement executed by the owner upon forms prescribed by

the secretary of state, setting forth:

1. The trade name to be registered;

2. The name and address of the owner of the business, and if a corporation, limited

liability company, or other organization, the state or country of incorporation or

organization;

3. Address of the principal place of business; and

4. The nature of the business in detail.
N.D. Cent. Code § 47-18-05 — ND Code / Title 47 / Chapter 47-18 / Section 47-18-05
47-18-05. Homestead - How conveyed
Status: in_force

47-18-05. Homestead - How conveyed

The homestead of a married person, without regard to the value thereof, cannot be

conveyed or encumbered unless the instrument by which it is conveyed or encumbered is

executed and acknowledged by both the husband and wife.
N.D. Cent. Code § 47-09-01 — ND Code / Title 47 / Chapter 47-09 / Section 47-09-01
47-09-01. Transfer defined
Status: in_force

47-09-01. Transfer defined

Transfer is an act of the parties or of the law by which the title to property is conveyed from

one living person to another.
N.D. Cent. Code § 47-14-06 — ND Code / Title 47 / Chapter 47-14 / Section 47-14-06
47-14-06. Annual rate when not specified
Status: in_force

47-14-06. Annual rate when not specified

When a rate of interest is prescribed by a law or contract without specifying the period of

time by which such rate is to be calculated, it shall be deemed an annual rate.
N.D. Cent. Code § 47-30.2-53 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-53
47-30.2-53. (906) Action by person whose claim is denied
Status: in_force

47-30.2-53. (906) Action by person whose claim is denied

Not later than one hundred eighty days after filing a claim under subsection 1 of section

47-30.2-50, the claimant may commence an action against the board in the Burleigh County

district court to establish a claim that has been denied or deemed denied under section
N.D. Cent. Code § 47-05-02 — ND Code / Title 47 / Chapter 47-05 / Section 47-05-02
47-05-02. Servitudes not attached to land
Status: in_force

47-05-02. Servitudes not attached to land

The following land burdens or servitudes upon land may be granted and held, though not

attached to land:

1. The right to pasture, and of fishing.

2. The right of a seat in church.

3. The right of burial.

4. The right of taking rents and tolls.

5. The right of way.

6. The right of taking water, wood, minerals, or other things.

7. A historic easement granted with respect to a state historic site and buildings and

structures thereon, or property listed in the national register of historic places, in

accordance with the provisions of section 55-10-08.
N.D. Cent. Code § 47-30.2-43 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-43
47-30.2-43. (705) Military medal or decoration
Status: in_force

47-30.2-43. (705) Military medal or decoration

1. The administrator may not sell a medal or decoration awarded for military service in

the armed forces of the United States.

2. The administrator, with the consent of the respective organization under subdivision a

or agency under subdivision b may deliver a medal or decoration described in

subsection 1 to be held in custody for the owner, to:

a. The state historical society; or

b. The agency that awarded the medal or decoration.

3. On delivery under subsection 2, the administrator is not responsible for safekeeping

the medal or decoration.
N.D. Cent. Code § 47-19.1-02 — ND Code / Title 47 / Chapter 47-19.1 / Section 47-19.1-02
47-19.1-02. Definitions
Status: in_force

47-19.1-02. Definitions

As used in this chapter:

1. A person is deemed to have the unbroken chain of title to an interest in real estate

when the records of the county recorder disclose a conveyance or other title

transaction of record twenty years or more which purports to create the interest in that

person or that person's immediate or remote grantors, with nothing appearing of

record purporting to divest that purported interest.

2. Title transaction means any transaction affecting title to real estate, including by will or

descent from any person who held title of record at death, title by a decree or order of

any court, title by tax deed or by trustee's, referee's, guardian's, executor's, or sheriff's

deed, as well as by direct conveyance or reservation.
N.D. Cent. Code § 47-30.2-62 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-62
47-30.2-62. (1012) Determination of liability for unreported reportable property
Status: in_force

47-30.2-62. (1012) Determination of liability for unreported reportable property

If the administrator determines from an examination conducted under section 47-30.2-55

that a putative holder failed or refused to pay or deliver to the administrator property which is

reportable under this chapter, the administrator shall issue a determination of the putative

holder's liability to pay or deliver and give notice of the determination in a record to the putative

holder.
N.D. Cent. Code § 47-30.2-37 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-37
47-30.2-37. (608) Administrator's option as to custody
Status: in_force

47-30.2-37. (608) Administrator's option as to custody

1. The administrator may decline to take custody of property reported under section

47-30.2-21 if the administrator determines that:

a. The property has a value less than the estimated expenses of notice and sale of

the property; or

b. Taking custody of the property would be unlawful.

2. A holder may pay or deliver property to the administrator before the property is

presumed abandoned under this chapter if the holder:

a. Sends the apparent owner of the property notice required by section 47-30.2-26

and provides the administrator evidence of the holder's compliance with this

subsection;

b. Includes with the payment or delivery a report regarding the property conforming

to section 47-30.2-22; and

c. First obtains the administrator's consent in a record to accept payment or

delivery.

3. A holder's request for the administrator's consent under subdivision c of subsection 2

must be in a record. If the administrator fails to respond to the request within thirty

days after receipt of the request, the administrator is deemed to consent to the

payment or delivery of the property and the payment or delivery is considered to have

been made in good faith.

4. On payment or delivery of property under subsection 2, the property is presumed

abandoned.
N.D. Cent. Code § 47-19-35 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-35
47-19-35. Persons authorized to take acknowledgments and affidavits
Status: in_force

47-19-35. Persons authorized to take acknowledgments and affidavits

All officers and persons, authorized by law to take the proof or acknowledgment of an

instrument or affidavit and to certify thereto, may take such proof or acknowledgment and certify

to the same in any case not prohibited by this chapter.
N.D. Cent. Code § 47-19-13 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-13
47-19-13. Acknowledgment and proof - Persons authorized to make - Statewide jurisdiction
Status: in_force

47-19-13. Acknowledgment and proof - Persons authorized to make - Statewide

jurisdiction.

The proof or acknowledgment of an instrument may be made at any place within this state

before a judge, or the clerk, of the supreme court, or a notary public.
N.D. Cent. Code § 47-07-05 — ND Code / Title 47 / Chapter 47-07 / Section 47-07-05
47-07-05. Joint ownership of products of the mind
Status: in_force

47-07-05. Joint ownership of products of the mind

Unless otherwise agreed, a product of the mind in the production of which several persons

are concerned jointly is owned by them as follows:

1. If the product is single, in equal proportions; or

2. If it is not single, in proportion to the contribution of each.
N.D. Cent. Code § 47-30.2-13 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-13
47-30.2-13. (211) Knowledge of death of insured or annuitant
Status: in_force

47-30.2-13. (211) Knowledge of death of insured or annuitant

1. In this section, "death master file" means the United States social security

administration death master file or other database or service that is at least as

comprehensive as the United States social security administration death master file for

determining that an individual reportedly has died.

2. With respect to a life or endowment insurance policy or annuity contract for which an

amount is owed on proof of death, but which has not matured by proof of death of the

insured or annuitant, the company has knowledge of the death of an insured or

annuitant when:

a. The company receives a death certificate or court order determining that the

insured or annuitant has died;

b. Due diligence, performed as required under section 26.1-55-02 to maintain

contact with the insured or annuitant or determine whether the insured or

annuitant has died, validates the death of the insured or annuitant;

c. The company conducts a comparison for any purpose between a death master

file and the names of some or all of the company's insureds or annuitants, finds a

match that provides notice that the insured or annuitant has died, and validates

the death; or

d. The company:

(1) Receives notice of the death of the insured or annuitant from an

administrator, beneficiary, policy owner, relative of the insured, or trustee or

from a personal representative, or other legal representative of the insured's

or annuitant's estate; and

(2) Validates the death of the insured or annuitant.

3. The following apply under this section:

a. A death master file match under subdivision c of subsection 2 occurs if the criteria

for an exact or partial match are satisfied as provided by:

(1) Law of this state other than this chapter, including chapter 26.1-55; or

(2) A rule or policy adopted by the insurance commissioner;

b. The death master file match does not constitute proof of death for the purpose of

submission to an insurance company of a claim by a beneficiary, annuitant, or

owner of the policy or contract for an amount due under an insurance policy or

annuity contract.

c. The death master file match or validation of the insured's or annuitant's death

does not alter the requirements for a beneficiary, annuitant, or owner of the policy

or contract to make a claim to receive proceeds under the terms of the policy or

contract.

d. The company shall make a good-faith effort using available records and

information to document the death of the insured or annuitant in accordance with

the time frame specified in chapter 26.1-55-02.

4. This chapter does not affect the determination of the extent to which an insurance

company before the effective date of this chapter had knowledge of the death of an

insured or annuitant or was required to conduct a death master file comparison to

determine whether amounts owed by the company on a life or endowment insurance

policy or annuity contract were presumed abandoned or unclaimed.
N.D. Cent. Code § 47-16-11 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-11
47-16-11. Use of real property for purpose leased - Violation
Status: in_force

47-16-11. Use of real property for purpose leased - Violation

When real property is leased for a particular purpose, the lessee must not use it for any

other purpose. If the lessee violates the lease in this respect, the lessor may hold the lessee

responsible for the safety of the property during such use in all events or may treat the contract

as rescinded thereby.
N.D. Cent. Code § 47-01-02 — ND Code / Title 47 / Chapter 47-01 / Section 47-01-02
47-01-02. Property - Classification
Status: in_force

47-01-02. Property - Classification

Property is:

1. Real or immovable; or

2. Personal or movable.
N.D. Cent. Code § 47-01-16 — ND Code / Title 47 / Chapter 47-01 / Section 47-01-16
47-01-16. Road or street - Boundary of ownership
Status: in_force

47-01-16. Road or street - Boundary of ownership

An owner of land bounded by a road or street is presumed to own to the center of the way,

but the contrary may be shown.
N.D. Cent. Code § 47-18-25 — ND Code / Title 47 / Chapter 47-18 / Section 47-18-25
47-18-25. Order of sale or mortgage recorded with recorder
Status: in_force

47-18-25. Order of sale or mortgage recorded with recorder

A certified copy of an order granting permission to sell and convey or mortgage the

homestead shall be filed for record and recorded in the office of the recorder of the county in

which the homestead is situated.
N.D. Cent. Code § 47-10-02.2 — ND Code / Title 47 / Chapter 47-10 / Section 47-10-02.2
47-10-02.2. Disclosure of prior radon test - Immunity from liability - Definitions
Status: in_force

47-10-02.2. Disclosure of prior radon test - Immunity from liability - Definitions

1. As used in this section:

a. "Buyer" means a person negotiating or offering to acquire real property for value

or legal or equitable title, or the right to acquire legal or equitable title to

residential real property.

b. "Mitigation" means measures designed to permanently reduce indoor radon

concentrations.

c. "Seller" means a person that owns legal or equitable title to residential real

property.

d. "Test" or "testing" means a measurement of indoor radon concentrations

according to the "National Radon Action Plan 2021-2025", published by the

environmental protection agency.

2. Before executing an agreement to sell or transfer residential real property, except as

otherwise provided in an offer to execute a purchase agreement, a seller shall disclose

in writing to the buyer any knowledge the seller has of radon concentrations in the

property. The seller or seller's agent shall provide the following disclosure statement to

the buyer, and the buyer shall acknowledge its receipt by signing a copy of the

disclosure statement:

RADON GAS IS A NATURALLY OCCURRING RADIOACTIVE GAS THAT,

WHEN IT HAS ACCUMULATED IN A BUILDING IN SUFFICIENT QUANTITIES,

MAY PRESENT HEALTH RISKS TO PERSONS WHO ARE EXPOSED TO IT

OVER TIME. LEVELS OF RADON THAT EXCEED FEDERAL GUIDELINES

HAVE BEEN FOUND IN BUILDINGS ON RESIDENTIAL REAL PROPERTY IN

NORTH DAKOTA. ADDITIONAL INFORMATION REGARDING RADON AND

RADON TESTING MAY BE OBTAINED FROM YOUR LOCAL PUBLIC HEALTH

UNIT OR THE STATE DEPARTMENT OF ENVIRONMENTAL QUALITY.

3. If the seller has knowledge the property previously has undergone testing for radon

gas and radon progeny, the seller shall provide a copy of test results reasonably

available to or in the seller's possession and evidence of mitigation to the buyer before

executing an agreement to sell or transfer the property. Any test result or evidence of

mitigation furnished under this section does not constitute a promise, warranty, or

representation by the seller or the seller's agent that the test results are accurate or

the mitigation is effective.

4. This section does not create a contingency on the purchase of the property or any

right to rescind a contract for purchase unless the contingency or right to rescind is an

express term of the contract.

5. A seller or seller's agent complying with this section is not liable for any claim or action

based on the presence of radon gas or radon progeny found in the residential real

property subject to disclosure under this section.
N.D. Cent. Code § 47-16-17 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-17
47-16-17. When lessee may terminate lease
Status: in_force

47-16-17. When lessee may terminate lease

The lessee of real property may terminate the lease before the end of the term agreed

upon:

1. When the lessor does not fulfill the lessor's obligations, if any, within a reasonable time

after request, as to placing and securing the lessee in the quiet possession of the

property leased, or putting it into a good condition, or repairing it; or

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

lessor had reason to believe was, the material inducement to the lessee to enter into

the contract, perishes from any cause other than the ordinary negligence of the lessee.
N.D. Cent. Code § 47-02-24 — ND Code / Title 47 / Chapter 47-02 / Section 47-02-24
47-02-24. Illegal conditions void
Status: in_force

47-02-24. Illegal conditions void

If a condition precedent requires the performance of an act wrong in itself, the instrument

containing it is so far void, and the right cannot exist. If it requires the performance of an act not

wrong of itself, but otherwise unlawful, the instrument takes effect and the condition is void.
N.D. Cent. Code § 47-02-15 — ND Code / Title 47 / Chapter 47-02 / Section 47-02-15
47-02-15. Future estates - Classification
Status: in_force

47-02-15. Future estates - Classification

A future interest is either vested or contingent. It is vested when there is a person in being

who would have a right, defeasible or indefeasible, to the immediate possession of the property

upon the ceasing of the intermediate or precedent interest. It is contingent while the person in

whom or the event upon which it is limited to take effect remains uncertain.
N.D. Cent. Code § 47-31-01 — ND Code / Title 47 / Chapter 47-31 / Section 47-31-01
47-31-01. Policy
Status: in_force

47-31-01. Policy

Undivided estates in land and clarity in land titles reduce litigation, enhance comprehensive

management, and promote the security and stability useful for economic development,

environmental protection, and government operations.
N.D. Cent. Code § 47-36-08 — ND Code / Title 47 / Chapter 47-36 / Section 47-36-08
47-36-08. Disclosure of content of electronic communications of principal
Status: in_force

47-36-08. Disclosure of content of electronic communications of principal

To the extent a power of attorney expressly grants an agent authority over the content of

electronic communications sent or received by the principal and unless directed otherwise by

the principal or the court, a custodian shall disclose to the agent the content if the agent gives

the custodian:

1. A written request for disclosure in physical or electronic form;

2. An original or copy of the power of attorney expressly granting the agent authority over

the content of electronic communications of the principal;

3. A certification by the agent, under penalty of perjury, that the power of attorney is in

effect; 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 principal's account; or

b. Evidence linking the account to the principal.
N.D. Cent. Code § 47-34-03 — ND Code / Title 47 / Chapter 47-34 / Section 47-34-03
47-34-03. Disclosures
Status: in_force

47-34-03. Disclosures

In a prominent manner in the closing documents, a closing agent shall disclose to the seller

the anticipated closing date and all of the dates through which any loan payoffs are calculated.
N.D. Cent. Code § 47-18-10 — ND Code / Title 47 / Chapter 47-18 / Section 47-18-10
47-18-10. Duties of appraisers
Status: in_force

47-18-10. Duties of appraisers

The appraisers must perform the following duties:

1. Take an oath impartially to appraise the homestead property.

2. View the premises and appraise the value thereof.

3. If the appraised value exceeds the homestead exemption, determine whether the real

property claimed can be divided without material injury.
N.D. Cent. Code § 47-13-05 — ND Code / Title 47 / Chapter 47-13 / Section 47-13-05
47-13-05. Indemnity to borrower for concealed defects
Status: in_force

47-13-05. Indemnity to borrower for concealed defects

The lender of personal property for exchange shall indemnify the borrower for damages

caused by defects or vices in it of which the lender knew at the time of the exchange and

concealed from the borrower.
N.D. Cent. Code § 47-31-08 — ND Code / Title 47 / Chapter 47-31 / Section 47-31-08
47-31-08. Mineral and pore space estates - Relationship
Status: in_force

47-31-08. Mineral and pore space estates - Relationship

In the relationship between a severed mineral owner and a pore space estate, this chapter

does not change or alter the common law as of April 9, 2009, as it relates to the rights belonging

to, or the dominance of, the mineral estate.
N.D. Cent. Code § 47-36-06 — ND Code / Title 47 / Chapter 47-36 / Section 47-36-06
47-36-06. Disclosure of content of electronic communications of deceased user
Status: in_force

47-36-06. Disclosure of content of electronic communications of deceased user

If a deceased user consented or a court directs disclosure of the contents of electronic

communications of the user, the custodian shall disclose to the personal representative of the

estate of the user the content of an electronic communication sent or received by the user if the

representative gives the custodian:

1. A written request for disclosure in physical or electronic form;

2. A certified copy of the death certificate of the user;

3. A certified copy of the letter of appointment of the representative or a small estate

affidavit or court order;

4. Unless the user provided direction using an online tool, a copy of the user's will, trust,

power of attorney, or other record evidencing the user's consent to disclosure of the

content of electronic communications; and

5. If requested by the custodian:

a. A number, username, address, or other unique subscriber or account identifier

assigned by the custodian to identify the user's account;

b. Evidence linking the account to the user; or

c. A finding by the court that:

(1) The user had a specific account with the custodian, identifiable by the

information specified in subdivision a;

(2) Disclosure of the content of electronic communications of the user would not

violate applicable state or federal law;

(3) Unless the user provided direction using an online tool, the user consented

to disclosure of the content of electronic communications; or

(4) Disclosure of the content of electronic communications of the user is

reasonably necessary for administration of the estate.
N.D. Cent. Code § 47-16-22 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-22
47-16-22. Rent due upon lease for life - Recovery
Status: in_force

47-16-22. Rent due upon lease for life - Recovery

Rent due upon a lease for life may be recovered in the same manner as upon a lease for

years.
N.D. Cent. Code § 47-30.2-66 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-66
47-30.2-66. (1205) Other civil penalties
Status: in_force

47-30.2-66. (1205) Other civil penalties

1. If a holder enters into a contract or other arrangement for the purpose of evading an

obligation under this chapter or otherwise willfully fails to perform a duty imposed on

the holder under this chapter, the commissioner may require the holder to pay the

administrator, in addition to interest as provided in subsection 1 of section 47-30.2-65,

a civil penalty of one thousand dollars for each day the obligation is evaded or the duty

is not performed, up to a cumulative maximum amount of twenty-five thousand dollars,

plus twenty-five percent of the amount or value of property that should have been, but

was not reported, paid, or delivered as a result of the evasion or failure to perform.

2. If a holder makes a fraudulent report under this chapter, the commissioner may require

the holder to pay to the administrator, in addition to interest under subsection 1 of

section 47-30.2-65, a civil penalty of one thousand dollars for each day from the date

the report was made until corrected, up to a cumulative maximum of twenty-five

thousand dollars, plus twenty-five percent of the amount or value of any property that

should have been reported, but was not included in the report or was underreported.
N.D. Cent. Code § 47-10-15 — ND Code / Title 47 / Chapter 47-10 / Section 47-10-15
47-10-15. After-acquired title
Status: in_force

47-10-15. After-acquired title

When a person purports by proper instrument to convey real property in fee simple and

subsequently acquires any title or claim of title to the real property, the real property passes by

operation of law to the person to whom the property was conveyed or that person's successor. A

quitclaim deed that includes the word "grant" in the words of conveyance, regardless of the

words used to describe the interest in the real property being conveyed by the grantor, passes

after-acquired title. The use of a quitclaim deed, with or without the inclusion of after-acquired

title in the deed, does not create any defect in the title of a person that conveys real property.

This section applies to any conveyance regardless of when executed.
N.D. Cent. Code § 47-07-09 — ND Code / Title 47 / Chapter 47-07 / Section 47-07-09
47-07-09. Private communications - Ownership - Right of publication
Status: in_force

47-07-09. Private communications - Ownership - Right of publication

Letters and other private communications in writing belong to the person to whom they are

addressed and delivered. They cannot be published, however, against the will of the writer

except by authority of law.
N.D. Cent. Code § 47-16-34 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-34
47-16-34. Appearance in district court - Lessee or assignee
Status: repealed

47-16-34. Appearance in district court - Lessee or assignee

Repealed by S.L. 1953, ch. 277, § 4.
N.D. Cent. Code § 47-19-48 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-48
47-19-48. Transfer of farm may include registered name
Status: in_force

47-19-48. Transfer of farm may include registered name

When any owner of a farm, the name of which has been recorded as provided in section

47-19-47, the owner's heirs, executors, or administrators, transfers by deed or otherwise, the

whole of such farm, such transfer may include the registered name thereof. If it is desired to

transfer only a portion of such farm, the registered name thereof shall not be transferred to the

purchaser unless so stated in the deed of conveyance.
N.D. Cent. Code § 47-21.2-05 — ND Code / Title 47 / Chapter 47-21.2 / Section 47-21.2-05
47-21.2-05. Remedies
Status: in_force

47-21.2-05. Remedies

Any person suffering a violation of this chapter has a claim for relief to recover actual

damages and reasonable attorney's fees and seek an injunction or any other remedy available.
N.D. Cent. Code § 47-12-08 — ND Code / Title 47 / Chapter 47-12 / Section 47-12-08
47-12-08. Expenses in connection with borrowed personal property to be borne by borrower - Exception
Status: in_force

47-12-08. Expenses in connection with borrowed personal property to be borne by

borrower - Exception.

The borrower of personal property for use must bear all expenses in connection therewith

during the time the same is held under the loan, except such expenses as are necessary to

preserve the property from unexpected and unusual injury. For such expense, the borrower is

entitled to compensation from the lender who, however, may exonerate the lender by

surrendering the property to the borrower.
N.D. Cent. Code § 47-12-05 — ND Code / Title 47 / Chapter 47-12 / Section 47-12-05
47-12-05. Retention of title and increase by lender
Status: in_force

47-12-05. Retention of title and increase by lender

A loan for use does not transfer the title to the personal property. Its total increase during the

period of the loan belongs to the lender.
N.D. Cent. Code § 47-19-14 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-14
47-19-14. Acknowledgment and proof - Limited to district of officer
Status: in_force

47-19-14. Acknowledgment and proof - Limited to district of officer

The proof or acknowledgment of an instrument may be made in this state within the judicial

district, county, subdivision, or city for which the officer was elected or appointed, before:

1. A judge or clerk of a court of record;

2. A mayor of a city;

3. A recorder;

4. A United States commissioner;

5. A county auditor; or

6. A township clerk or a city auditor.
N.D. Cent. Code § 47-18-13 — ND Code / Title 47 / Chapter 47-18 / Section 47-18-13
47-18-13. Sale of homestead
Status: in_force

47-18-13. Sale of homestead

If from the appraisers' report it appears to the court that the real property claimed as a

homestead exceeds in value the amount of the homestead exemption and that it cannot be

divided without material injury, the court must make an order directing its sale under the

execution. At such sale no bid must be received unless it exceeds the amount of the homestead

exemption.
N.D. Cent. Code § 47-03-07 — ND Code / Title 47 / Chapter 47-03 / Section 47-03-07
47-03-07. Illegal accumulation
Status: repealed

47-03-07. Illegal accumulation

Repealed by S.L. 1961, ch. 297, § 1.
N.D. Cent. Code § 47-15-04 — ND Code / Title 47 / Chapter 47-15 / Section 47-15-04
47-15-04. Ordinary care
Status: in_force

47-15-04. Ordinary care

The hirer of personal property must use ordinary care for its preservation in safety and in

good condition.
N.D. Cent. Code § 47-30.2-25 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-25
47-30.2-25. (405) Property reportable and payable or deliverable absent owner demand
Status: in_force

47-30.2-25. (405) Property reportable and payable or deliverable absent owner

demand.

Property is reportable and payable or deliverable under this chapter even if the owner fails

to make demand or present an instrument or document otherwise required to obtain payment.
N.D. Cent. Code § 47-04-24 — ND Code / Title 47 / Chapter 47-04 / Section 47-04-24
47-04-24. Covenants running with the land defined
Status: in_force

47-04-24. Covenants running with the land defined

Certain covenants contained in grants of estates in real property are appurtenant to such

estates and pass with them so as to bind the assigns of the covenantor and to vest in the

assigns of the covenantee in the same manner as if they personally had entered into them.

Such covenants are said to run with the land.
N.D. Cent. Code § 47-32-02 — ND Code / Title 47 / Chapter 47-32 / Section 47-32-02
47-32-02. Appearance - Notice of intention to evict - When required - When and how served
Status: in_force

47-32-02. Appearance - Notice of intention to evict - When required - When and how

served.

In any action for eviction the time specified in the summons for the appearance of the

defendant may not be fewer than three nor more than fifteen days from the date on which the

summons is issued. If the person cannot be found in the county, of which the return of the sheriff

or process server is prima facie proof, and service has been attempted at least once between

the hours of six p.m. and ten p.m. upon the filing of an affidavit of the plaintiff or the plaintiff's

attorney stating that the defendant cannot be found or on belief that the defendant is not in this

state and a copy of the summons has been mailed to the defendant at the defendant's

last-known address if any is known to the plaintiff, service of the summons may be made upon

the defendant by the sheriff or process server posting the summons upon the door of the

residential unit. In all cases arising under subsections 4, 5, 6, and 8 of section 47-32-01, three

days' written notice of intention to evict must be given to the lessee, subtenant, or party in

possession, before proceedings can be instituted. The notice may be served and returned as a

summons is served and returned or, if the party cannot be found, then by the sheriff of the

county or a process server posting the notice conspicuously upon the premises. Service by

delivery of a copy of the summons to the defendant in person within the county must be made at

least three days before the time fixed for the appearance of the defendant. Service elsewhere or

personal service in any other mode must be made at least seven days before the time fixed for

the appearance of the defendant.
N.D. Cent. Code § 47-10-08 — ND Code / Title 47 / Chapter 47-10 / Section 47-10-08
47-10-08. Grant conclusive against whom
Status: in_force

47-10-08. Grant conclusive against whom

Every grant of an estate in real property is conclusive against the grantor and every one

subsequently claiming under the grantor, except a purchaser or encumbrancer who in good faith

and for a valuable consideration acquires a title or lien by an instrument that first is duly

recorded.
N.D. Cent. Code § 47-20.1-13 — ND Code / Title 47 / Chapter 47-20.1 / Section 47-20.1-13
47-20.1-13. Short title
Status: in_force

47-20.1-13. Short title

This chapter may be cited as the Survey and Corner Recordation Act of North Dakota.
N.D. Cent. Code § 47-30.2-11 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-11
47-30.2-11. (209) When related property presumed abandoned
Status: in_force

47-30.2-11. (209) When related property presumed abandoned

At and after the time property is presumed abandoned under this chapter, any other

property right or interest accrued or accruing from the property and not previously presumed

abandoned is also presumed abandoned.
N.D. Cent. Code § 47-19.1-08 — ND Code / Title 47 / Chapter 47-19.1 / Section 47-19.1-08
47-19.1-08. Existing statutes of limitation not affected
Status: in_force

47-19.1-08. Existing statutes of limitation not affected

Nothing contained in this chapter shall be construed to shorten or extend the period for

bringing an action or doing any act required under any existing statute of limitations, nor to

affect the operation of any existing statutes governing the effect of the recording or the failure to

record any instrument affecting lands.
N.D. Cent. Code § 47-18-19 — ND Code / Title 47 / Chapter 47-18 / Section 47-18-19
47-18-19. Contents of declaration of homestead
Status: in_force

47-18-19. Contents of declaration of homestead

The declaration of a homestead must contain:

1. A statement that the person making it is residing on the premises and claims them as

a homestead;

2. A description of the premises; and

3. An estimate of their cash value.
N.D. Cent. Code § 47-30.2-48 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-48
47-30.2-48. (901) Claim of another state to recover property
Status: in_force

47-30.2-48. (901) Claim of another state to recover property

1. If the administrator knows that property held by the administrator under this chapter is

subject to a superior claim of another state, the administrator shall:

a. Report and pay or deliver the property to the other state; or

b. Return the property to the holder so that the holder may pay or deliver the

property to the other state.

2. The administrator is not required to enter into an agreement to transfer property to the

other state under subsection 1.
N.D. Cent. Code § 47-24.1-20 — ND Code / Title 47 / Chapter 47-24.1 / Section 47-24.1-20
47-24.1-20. Termination of custodianship
Status: in_force

47-24.1-20. Termination of custodianship

The custodian shall transfer in an appropriate manner the custodial property to the minor or

to the minor's estate upon the earlier of:

1. The minor's attainment of twenty-one years of age with respect to custodial property

transferred under section 47-24.1-04 or 47-24.1-05;

2. The minor's attainment of age eighteen with respect to custodial property transferred

under section 47-24.1-06 or 47-24.1-07; or

3. The minor's death.
N.D. Cent. Code § 47-18-14 — ND Code / Title 47 / Chapter 47-18 / Section 47-18-14
47-18-14. Proceeds of sale exempt - Disposition
Status: in_force

47-18-14. Proceeds of sale exempt - Disposition

If the sale of a homestead is made as provided in section 47-18-13, the proceeds thereof to

the amount of the homestead exemption must be paid to the claimant and the residue applied to

the satisfaction of the execution. When the execution is against a married claimant whose

spouse is living, the court may direct that the one hundred fifty thousand dollars be deposited in

court to be paid out only on the joint receipt of the husband and wife, and it shall possess all the

protection against legal process and voluntary disposition by either spouse as did the original

homestead premises whether paid directly to the claimant or to the husband and wife jointly.
N.D. Cent. Code § 47-02-31 — ND Code / Title 47 / Chapter 47-02 / Section 47-02-31
47-02-31. Future interest restraining alienation - When void
Status: repealed

47-02-31. Future interest restraining alienation - When void

Repealed by S.L. 1991, ch. 484, § 6.
N.D. Cent. Code § 47-19-21 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-21
47-19-21. Proof of an unacknowledged instrument - Method
Status: in_force

47-19-21. Proof of an unacknowledged instrument - Method

Proof of the execution of an instrument when not acknowledged may be made:

1. By the party executing it;

2. By a subscribing witness; or

3. By other witnesses in cases mentioned in sections 47-19-23 and 47-19-24.
N.D. Cent. Code § 47-02-10 — ND Code / Title 47 / Chapter 47-02 / Section 47-02-10
47-02-10. Present interest defined
Status: in_force

47-02-10. Present interest defined

A present interest means that the owner is entitled to the immediate possession of the

property.
N.D. Cent. Code § 47-19-56 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-56
47-19-56. Corporate change noted in assignment, satisfaction, or release
Status: in_force

47-19-56. Corporate change noted in assignment, satisfaction, or release

When a change in the name or identity of a corporate mortgagee or assignee of the

mortgagee is caused by or results from a merger, consolidation, amendment to charter or

articles of incorporation, or conversion of articles of incorporation or charter from federal to

state, from state to federal, or from one form of entity to another, a mortgage assignment,

satisfaction, or release that is otherwise recordable and that specifies in the body of the

instrument the merger, consolidation, amendment, or conversion event causing the change in

name or identity is in recordable form. The assignment, satisfaction, or release is entitled to be

recorded in the office of the county recorder without further evidence of corporate merger,

consolidation, amendment, or conversion. For purposes of assigning, satisfying, or releasing the

mortgage, the assignment, satisfaction, or release is prima facie evidence of the facts stated in

it with respect to the corporate merger, consolidation, amendment, or conversion, and the

county recorder shall rely upon it to assign, satisfy, or release the mortgage.
N.D. Cent. Code § 47-26-14 — ND Code / Title 47 / Chapter 47-26 / Section 47-26-14
47-26-14. Fencing of lands owned by different persons in severalty but occupied in common
Status: in_force

47-26-14. Fencing of lands owned by different persons in severalty but occupied in

common.

When lands belonging to different persons in severalty have been occupied in common by

such persons without a partition fence between their respective lands and one of the occupants

desires to occupy that occupant's part in severalty, that occupant may apply to a majority of the

proper fence viewers:

1. If the other occupant or occupants shall refuse or neglect, upon demand, to divide with

the applicant the line where the partition fence ought to be built, to divide such line and

assign to the parties the parts thereof upon which each party shall build the fence; or

2. If the other occupant or occupants, when the line has been divided, shall refuse or

neglect, upon demand, to build a sufficient fence upon the line assigned, to order such

fence built.

Upon a division or assignment as provided in subsection 1, the fence viewers, in writing over

their signatures, may assign a reasonable time for building the fence, having regard to the

season of the year. If either party shall not build that party's part of the fence within the time

assigned, the other party, after having completed that party's part thereof, may build the part

assigned to the other party or parties and recover therefor the ascertained expense thereof,

together with the fees of the fence viewers.
N.D. Cent. Code § 47-30.2-46 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-46
47-30.2-46. Deposit of funds - Continuing appropriation
Status: in_force

47-30.2-46. Deposit of funds - Continuing appropriation

1. Except as otherwise provided by this section, all funds received under this chapter,

including the proceeds from the sale of abandoned property under section 47-30.2-40,

must be promptly deposited in the state treasury to the credit of the common schools

trust fund.

2. There is appropriated annually the amounts necessary to pay all expense deductions

under this section, including:

a. Any costs in connection with the sale of abandoned property;

b. Costs of mailing, publication, and outreach efforts in connection with any

abandoned property;

c. Reasonable service charges;

d. Costs incurred in examining records of holders of property and in collecting the

property from those holders;

e. Funds for the payment of claims;

f. Funds for the payment of holder refunds; and

g. Funds for attorney's fees and all other reasonable costs and expenses incurred in

an action or suit.
N.D. Cent. Code § 47-24.1-01 — ND Code / Title 47 / Chapter 47-24.1 / Section 47-24.1-01
47-24.1-01. Definitions
Status: in_force

47-24.1-01. Definitions

In this chapter:

1. "Adult" means an individual who has attained the age of twenty-one years.

2. "Benefit plan" means an employer's plan for the benefit of an employee or partner.

3. "Broker" means a person lawfully engaged in the business of effecting transactions in

securities or commodities for the person's own account or for the account of others.

4. "Conservator" means a person appointed or qualified by a court to act as general,

limited, or temporary guardian of a minor's property or a person legally authorized to

perform substantially the same functions.

5. "Court" means the district court.

6. "Custodial property" means:

a. Any interest in property transferred to a custodian under this chapter; and

b. The income from and proceeds of that interest in property.

7. "Custodian" means a person so designated under section 47-24.1-09 or a successor

or substitute custodian designated under section 47-24.1-18.

8. "Financial institution" means a bank, trust company, savings institution, or credit union,

chartered and supervised under state or federal law.

9. "Legal representative" means an individual's personal representative or conservator.

10. "Member of the minor's family" means the minor's parent, stepparent, spouse,

grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by

adoption.

11. "Minor" means an individual who has not attained the age of twenty-one years.

12. "Personal representative" means an executor, administrator, successor personal

representative, or special administrator of a decedent's estate or a person legally

authorized to perform substantially the same functions.

13. "State" includes the Commonwealth of Puerto Rico.

14. "Transfer" means a transaction that creates custodial property under section

47-24.1-09.

15. "Transferor" means a person who makes a transfer under this chapter.

16. "Trust company" means a financial institution, corporation, limited liability company, or

other legal entity, authorized to exercise general trust powers.
N.D. Cent. Code § 47-37-03 — ND Code / Title 47 / Chapter 47-37 / Section 47-37-03
47-37-03. Contents of environmental covenant
Status: in_force

47-37-03. Contents of environmental covenant

1. An environmental covenant must:

a. State the instrument is an environmental covenant executed pursuant to chapter

47-37;

b. Contain a legally sufficient description of the real property subject to the

covenant;

c. Describe the activity and use limitations on the real property;

d. Identify every holder;

e. Be signed by the agency, every holder, and unless waived by the agency every

owner of the fee simple of the real property subject to the covenant; and

f. Identify the name and location of any administrative record for the environmental

response project reflected in the environmental covenant.

2. In addition to the information required by subsection 1, an environmental covenant

may contain other information, restrictions, and requirements agreed to by the persons

who signed it, including:

a. Requirements for notice following transfer of a specified interest in, or concerning

proposed changes in use of, applications for building permits for, or proposals for

any site work affecting the contamination on, the property subject to the

covenant;

b. Requirements for periodic reporting describing compliance with the covenant;

c. Rights of access to the property granted in connection with implementation or

enforcement of the covenant;

d. A brief narrative description of the contamination and remedy, including the

contaminants of concern, the pathways of exposure, limits on exposure, and the

location and extent of the contamination;

e. Limitation on amendment or termination of the covenant in addition to those

contained in sections 47-37-08 and 47-37-09; and

f. Rights of the holder in addition to its right to enforce the covenant pursuant to

section 47-37-10.

3. In addition to other conditions for its approval of an environmental covenant, the

agency may require those persons specified by the agency which have interests in the

real property to sign the covenant.
N.D. Cent. Code § 47-10-19 — ND Code / Title 47 / Chapter 47-10 / Section 47-10-19
47-10-19. Covenants implied from use of word grant
Status: in_force

47-10-19. Covenants implied from use of word grant

From the use of the word "grant" in any conveyance by which an estate of inheritance or fee

simple is to be passed, the following covenants, and none other, on the part of the grantor for

the grantor and the grantor's heirs to the grantee and the grantee's heirs and assigns, are

implied unless restrained by express terms contained in such conveyance:

1. That previous to the time of the execution of such conveyance, the grantor has not

conveyed the same estate, nor any right, title, or interest therein, to any person other

than the grantee; and

2. That such estate, at the time of the execution of such conveyance, is free from

encumbrances done, made, or suffered by the grantor, or any person claiming under

the grantor. Such covenants may be sued upon in the same manner as if they had

been inserted expressly in the conveyance.
N.D. Cent. Code § 47-11-05 — ND Code / Title 47 / Chapter 47-11 / Section 47-11-05
47-11-05. Transfer by agent - Legal effect - Limitations
Status: repealed

47-11-05. Transfer by agent - Legal effect - Limitations

Repealed by S.L. 1971, ch. 452, § 3.
N.D. Cent. Code § 47-30.2-08 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-08
47-30.2-08. (205) When contents of safe deposit box presumed abandoned
Status: in_force

47-30.2-08. (205) When contents of safe deposit box presumed abandoned

Tangible property held in a safe deposit box is presumed abandoned if the property remains

unclaimed by the apparent owner three years after the earlier of the:

1. Expiration of the lease or rental period for the box; or

2. Earliest date when the lessor of the box is authorized by law of this state other than

this chapter to enter the box and remove or dispose of the contents without consent or

authorization of the lessee.
N.D. Cent. Code § 47-12-01 — ND Code / Title 47 / Chapter 47-12 / Section 47-12-01
47-12-01. Loan for use defined
Status: in_force

47-12-01. Loan for use defined

A loan for use is a contract by which a lender gives to a borrower the temporary possession

and use of personal property and the borrower agrees to return the identical personal property

to the lender at a future time without reward for its use.
N.D. Cent. Code § 47-19-32 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-32
47-19-32. Certification of acknowledgments or proof of instruments - Officer's certificate - How authenticated
Status: in_force

47-19-32. Certification of acknowledgments or proof of instruments - Officer's

certificate - How authenticated.

An officer taking and certifying an acknowledgment or proof of an instrument for record must

authenticate the officer's certificate by affixing thereto:

1. The officer's signature followed by the name of the officer's office; and

2. The officer's seal of office, if by the laws of the territory, state, or country where the

acknowledgment or proof is taken, or by authority of which the officer is acting, the

officer is required to have an official seal.

A judge or clerk of a court of record must authenticate that officer's certificate by affixing thereto

the seal of the judge's or clerk's court. A mayor of a city must authenticate that officer's

certificate by affixing thereto the seal of the mayor's city.
N.D. Cent. Code § 47-16-39.4 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-39.4
47-16-39.4. Resolution of spacing unit ownership interest disputes
Status: in_force

47-16-39.4. Resolution of spacing unit ownership interest disputes

If the mineral owner and mineral developer disagree over the mineral owner's ownership

interest in a spacing unit, the mineral developer shall furnish the mineral owner with a

description of the conflict and the proposed resolution or with that portion of the title opinion that

concerns the disputed interest.
N.D. Cent. Code § 47-16-29 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-29
47-16-29. Remedies against assignees of lessor
Status: in_force

47-16-29. Remedies against assignees of lessor

Whatever remedies the lessee of any real property may have against the lessee's

immediate lessor for the breach of any agreement in the lease, the lessee may have against the

assigns of the lessor. The assigns of the lessee may have remedies against the lessor and the

lessor's assigns except upon covenants against encumbrances or relating to the title or

possession of the premises.
N.D. Cent. Code § 47-21-08 — ND Code / Title 47 / Chapter 47-21 / Section 47-21-08
47-21-08. Tax levied on selling and licensing performing rights of music or dramatico-musical compositions - Payable to state tax commissioner
Status: in_force

47-21-08. Tax levied on selling and licensing performing rights of music or

dramatico-musical compositions - Payable to state tax commissioner.

A tax must be levied and collected for the act or privilege of selling, licensing, or otherwise

disposing of performing rights in music or dramatico-musical compositions in this state, in an

amount equal to five percent of the gross receipts of all such sales, licenses, or other disposition

of performing rights in this state, payable to the state tax commissioner for the benefit of the

general fund of the state, on or before the fifteenth day of March of each year, with respect to

the gross receipts of the preceding calendar year. The state tax commissioner shall adopt and

publish rules and regulations not in conflict with this section, as well as the forms necessary to

carry out the provisions of this section.
N.D. Cent. Code § 47-19-09 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-09
47-19-09. Recording instruments in unorganized counties
Status: in_force

47-19-09. Recording instruments in unorganized counties

Any unorganized county of the state, for the purpose of filing and recording all deeds,

mortgages, and other instruments, shall be attached to and made a part of the county to which it

is attached for judicial purposes as long as such county remains unorganized.
N.D. Cent. Code § 47-10-10 — ND Code / Title 47 / Chapter 47-10 / Section 47-10-10
47-10-10. Title to highway, street, alley, and public right of way - Vacation
Status: in_force

47-10-10. Title to highway, street, alley, and public right of way - Vacation

A transfer of land bounded by a highway, street, alley, or public right of way passes the title

of the person whose estate is transferred to the soil of the highway, street, alley, or public right

of way in front to the center thereof unless a different intent appears from the grant. Every

conveyance of real estate, which abuts upon a vacated highway, street, alley, or other public

right of way, shall be construed, unless a contrary intent appears, to include that part of such

highway, street, alley, or public right of way which attaches either by operation or presumption of

law, to such abutting real estate upon such vacation.
N.D. Cent. Code § 47-16-20.1 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-20.1
47-16-20.1. Fee for accepting check or other instrument of payment prohibited
Status: in_force

47-16-20.1. Fee for accepting check or other instrument of payment prohibited

A landlord may not charge a tenant a fee to accept cash, a check, or a money order for the

payment of rent or any other payment required by the landlord under a lease for real property.
N.D. Cent. Code § 47-30.2-42 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-42
47-30.2-42. (704) Purchaser owns property after sale
Status: in_force

47-30.2-42. (704) Purchaser owns property after sale

A purchaser of property at a sale conducted by the administrator under this chapter takes

the property free of all claims of the owner, a previous holder, or a person claiming through the

owner or holder. The administrator shall execute documents necessary to complete the transfer

of ownership to the purchaser.
N.D. Cent. Code § 47-19-16 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-16
47-19-16. Acknowledgment and proof - Without the United States - Officers qualified
Status: repealed

47-19-16. Acknowledgment and proof - Without the United States - Officers qualified

Repealed by S.L. 1971, ch. 453, § 10.
N.D. Cent. Code § 47-02-20 — ND Code / Title 47 / Chapter 47-02 / Section 47-02-20
47-02-20. Mere possibility not an interest
Status: in_force

47-02-20. Mere possibility not an interest

A mere possibility, such as the expectancy of an heir apparent, is not to be deemed an

interest of any kind.
N.D. Cent. Code § 47-33-04 — ND Code / Title 47 / Chapter 47-33 / Section 47-33-04
47-33-04. Disclosure
Status: in_force

47-33-04. Disclosure

A seller of real property shall furnish to any purchaser a written statement disclosing the

existence of any private transfer fee obligation. This written statement must include a

description of the private transfer fee obligation and must include a statement that private

transfer fee obligations are subject to certain prohibitions under this chapter.
N.D. Cent. Code § 47-11-15 — ND Code / Title 47 / Chapter 47-11 / Section 47-11-15
47-11-15. Validation of transfers of personal property by grantor to grantor and others in joint tenancy
Status: in_force

47-11-15. Validation of transfers of personal property by grantor to grantor and others

in joint tenancy.

Any transfer or grant of an interest either legal or equitable in personal property heretofore

made by any person, firm, corporation, or limited liability company as grantor to the grantor and

any other person, firm, corporation, or limited liability company in joint tenancy with right of

survivorship when such transfer is subject to the laws of this state is hereby declared legal and

valid.
N.D. Cent. Code § 47-19-27 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-27
47-19-27. General certificate of acknowledgment
Status: in_force

47-19-27. General certificate of acknowledgment

A certificate of acknowledgment, unless otherwise provided in this chapter, must be in

substantially the following form:

STATE OF NORTH DAKOTA)

County of ___________ )

On this _____ day of __________, in the year _________ before me personally

appeared _____________, known to me (or proved to me on oath of ________) to be the

person who is described in and who executed the within instrument, and acknowledged to

me that that person (or they) executed the same.
N.D. Cent. Code § 47-05-14 — ND Code / Title 47 / Chapter 47-05 / Section 47-05-14
47-05-14. Wind easement - Definition
Status: in_force

47-05-14. Wind easement - Definition

Redesignated as section 17-04-02 under S.L. 2007, ch. 204, § 5.
N.D. Cent. Code § 47-16-31 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-31
47-16-31. Gas and oil lease cancellation - When owner makes application
Status: repealed

47-16-31. Gas and oil lease cancellation - When owner makes application

Repealed by S.L. 1953, ch. 277, § 4.
N.D. Cent. Code § 47-16-30.1 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-30.1
47-16-30.1. Abandoned property - Disposal by lessor
Status: in_force

47-16-30.1. Abandoned property - Disposal by lessor

Property with a total estimated value of not more than two thousand five hundred dollars

which is left on the premises of a leased dwelling may be retained by the lessor and disposed of

without legal process twenty-eight or more days after the lessor received actual notice that the

lessee has vacated the premises or twenty-eight or more days after it reasonably appears to the

lessor that the lessee has vacated the premises. The lessor is entitled to the proceeds from the

sale of the property. The lessor may recover, from the lessee's security deposit, any storage and

moving expenses in excess of the proceeds from the sale incurred in disposing of the property.

If the lessor removes the abandoned property from the dwelling unit after a judgment of eviction

has been obtained and the special execution has been served, the lessor has a lien upon the

property for the reasonable amount of any storage and moving expenses and may retain

possession of the property until the charges have been paid. The lien does not have priority

over a prior perfected security interest in the property.
N.D. Cent. Code § 47-01-21 — ND Code / Title 47 / Chapter 47-01 / Section 47-01-21
47-01-21. Methods by which property may be acquired
Status: in_force

47-01-21. Methods by which property may be acquired

Property may be acquired by:

1. Occupancy;

2. Accession;

3. Transfer;

4. Will; or

5. Succession.
N.D. Cent. Code § 47-19.1-10 — ND Code / Title 47 / Chapter 47-19.1 / Section 47-19.1-10
47-19.1-10. Purpose of chapter
Status: in_force

47-19.1-10. Purpose of chapter

This chapter shall be construed to effect the legislative purpose of simplifying and facilitating

real estate title transactions by allowing persons to deal with the record title owner as defined

herein and to rely upon the record title covering a period of twenty years or more subsequent to

the recording of a deed of conveyance as set out in section 47-19.1-01, and to that end to bar

all claims that affect or may affect the interest thus dealt with, the existence of which claims

arises out of or depends upon any act, transaction, event, or omission occurring before the

recording of such deed of conveyance, unless a notice of such claim, as provided in section

47-19.1-05, shall have been duly filed for record. The claims hereby barred shall mean any and

all interest of any nature whatever, however denominated, whether such claims are asserted by

a person sui juris or under disability, whether such person is or has been within or without the

state, and whether such person is natural, corporate, private, or governmental.
N.D. Cent. Code § 47-16-15 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-15
47-16-15. Notice of termination of lease
Status: in_force

47-16-15. Notice of termination of lease

1. A lease of real property for a term not specified by the parties is deemed to be

renewed as stated in section 47-16-06 at the end of the term implied by law, unless

one of the parties gives notice to the other of an intention to terminate the lease, at

least as long before the expiration of the lease as the term of the hiring itself, not

exceeding one calendar month.

2. In tenancies from month to month, and unless the parties have otherwise agreed in

writing to a longer notice period or a different notice time, either party may terminate

the tenancy by giving at least one calendar month's written notice at any time. The rent

is due and payable to and including the date of termination.

3. If a landlord changes the terms of the lease pursuant to section 47-16-07, the tenant

may terminate the lease at the end of the month by giving at least twenty-five days'

notice.

4. Any agreement that requires a lessee to give notice that exceeds one month from the

end of a month to terminate a lease of real property for residential purposes must state

the notice requirement and provide space for the lessee to initial next to the notice

requirement. If the notice is not initialed by the lessee at the time of executing the

lease, the lessee may terminate the lease on the last day of a month with at least one

calendar month's notice.

5. If a lease converts to a month-to-month tenancy under section 47-16-06 or 47-16-06.1,

either party may terminate the lease on the last day of a month with at least one

calendar month's notice.