N.D. Cent. Code § 47-16-39.2 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-39.2
47-16-39.2. Inspection of production and royalty payment records - Penalty
Status: in_force

47-16-39.2. Inspection of production and royalty payment records - Penalty

1. A royalty owner, a royalty owner's assignee, or a designated representative, upon

written notice, is entitled to inspect and copy the oil and gas production and royalty

payment records for the lease of the person obligated to pay royalties under the lease

or division order. The person obligated to pay royalties under the lease shall make that

person's oil and gas royalty payment and production records available for inspection

and copying at that person's usual and customary place of business within the United

States. A royalty owner may bring an action to compel the person obligated to pay

royalties to allow inspection and copying of oil and gas production royalty payment

records. In order for the royalty owner to prevail in such an action, the royalty owner

must establish that:

a. The royalty owner or the royalty owner's assignee complied with notice

requirements of this section;

b. The notice specified the lease involved, the time period under review and the

records requested;

c. The royalty owner notified the person obligated to pay royalties at the address

printed on the information statement as prescribed by rules adopted by the

industrial commission pursuant to section 38-08-06.3; and

d. The person obligated to pay royalties denied inspection of the records or failed to

respond within thirty days of service of notice.

2. The district court for the county in which the oil or gas well is located has jurisdiction

over all proceedings brought pursuant to this section. If the royalty owner or the royalty

owner's assignee is successful in any proceeding brought pursuant to this section, the

district court shall allow the royalty owner or the royalty owner's assignee to recover

court costs; reasonable costs, fees, disbursements, and expenses incurred by the

royalty owner or the royalty owner's assignee or a designated representative in

inspecting and copying the oil and gas production and royalty payment records of the

person obligated to pay royalties under the lease; and reasonable attorney's fees.

3. If a royalty owner, a royalty owner's assignee, or a designated representative is the

board of university and school lands:

a. The records in subsection 1 must be sent electronically, or in a manner

acceptable to the board, to a location designated by the board.

b. Notwithstanding subsection 2, at the discretion of the board, a proceeding

brought under this section may be brought in the district court of Burleigh County

or in the county in which the oil or gas well is located.

4. If the board of university and school lands is successful in any proceeding brought

under this section, the district court shall allow the board to recover court costs;

reasonable costs, fees, disbursements, and expenses incurred by the board in

inspecting the copying the oil and gas production and royalty payment records of the

person obligated to pay royalties under the lease; and reasonable attorney's fees.

a. The district court also shall assess a civil penalty of two thousand dollars per day

for each day the person obligated to pay royalties under the lease failed to send

the oil and gas royalty payment and production records to the board in

accordance with subsection 1.

b. The civil penalty under subdivision a ceases to accrue on the date the

proceedings are initiated under subsection 1.
N.D. Cent. Code § 47-03-01 — ND Code / Title 47 / Chapter 47-03 / Section 47-03-01
47-03-01. Income defined
Status: in_force

47-03-01. Income defined

The income of property, as the term is used in this title, includes the rents and profits of real

property, the interest of money, dividends upon stock, and other produce of personal property.
N.D. Cent. Code § 47-36-11 — ND Code / Title 47 / Chapter 47-36 / Section 47-36-11
47-36-11. Disclosure of contents of electronic communications held in trust when trustee not original user
Status: in_force

47-36-11. Disclosure of contents of electronic communications 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 the content of an

electronic communication sent or received by an original or successor user and carried,

maintained, processed, received, or stored by the custodian in the account of the trust 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 which includes consent to disclosure of the content of electronic

communications to the trustee;

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 § 47-16-13.2 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-13.2
47-16-13.2. Tenant obligations - Maintenance of dwelling unit
Status: in_force

47-16-13.2. Tenant obligations - Maintenance of dwelling unit

A tenant of a residential dwelling unit shall:

1. Comply with all obligations primarily imposed upon tenants by applicable provisions of

building and housing codes materially affecting health and safety.

2. Keep that part of the premises that the tenant occupies and uses as clean and safe as

the condition of the premises permit.

3. Periodically remove all ashes, garbage, rubbish, and other waste from the tenant's

dwelling unit, and dispose of them in a clean and safe manner.

4. Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their

condition permits.

5. Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating,

air-conditioning, and other facilities and appliances including elevators in the premises.

6. Not deliberately or negligently destroy, deface, damage, impair, or remove any part of

the premises or knowingly permit any person to do so.

7. Conduct oneself and require other persons on the premises with the tenant's consent

to conduct themselves in a manner that will not disturb the tenant's neighbors'

peaceful enjoyment of the premises.
N.D. Cent. Code § 47-26-16 — ND Code / Title 47 / Chapter 47-26 / Section 47-26-16
47-26-16. Owner of unenclosed lands to pay value of fence when land is enclosed
Status: in_force

47-26-16. Owner of unenclosed lands to pay value of fence when land is enclosed

When unenclosed ground is enclosed, the owner or occupant thereof shall pay one-half of

the value of each partition fence standing upon the line between that person's land and the

enclosure of any other owner or occupant. If the parties do not agree on the value of the fence,

it shall be ascertained by a majority of the proper fence viewers. Such determination shall be in

writing and shall be signed by a majority of the fence viewers. If the owner of the unenclosed

land refuses or neglects to pay for one-half of the value of the partition fence within sixty days

after the value of the fence has been ascertained and demand made, the proprietor of the fence

may maintain a civil action for such value and the cost of ascertaining the same.
N.D. Cent. Code § 47-25-04 — ND Code / Title 47 / Chapter 47-25 / Section 47-25-04
47-25-04. Trade names - Registration - Fees - Renewal - Notice
Status: in_force

47-25-04. Trade names - Registration - Fees - Renewal - Notice

1. For the registration of a trade name under this chapter, the registrant shall pay to the

secretary of state a fee of twenty-five dollars for an original registration, a fee of

twenty-five dollars for an assignment, and a fee of ten dollars for a consent to use of a

similar name or any other change in the original registration under this chapter. A

registration remains in force for a period of five years from the date of the original

registration and may be renewed within ninety days before its expiration date by

reregistering in the same manner as an original registration. The secretary of state

shall notify the registrant in a manner as prescribed by the secretary of state at least

ninety days before the expiration of the registration.

2. The secretary of state may destroy all registrations or renewals one year after

expiration.
N.D. Cent. Code § 47-20.1-08 — ND Code / Title 47 / Chapter 47-20.1 / Section 47-20.1-08
47-20.1-08. Recorder may charge filing fee
Status: in_force

47-20.1-08. Recorder may charge filing fee

The recorder of a county may charge a filing fee as provided by section 11-18-05 for the

filing of each corner record as defined in section 47-20.1-02.
N.D. Cent. Code § 47-20.2-04 — ND Code / Title 47 / Chapter 47-20.2 / Section 47-20.2-04
47-20.2-04. Federal and state coordinate description same tract - Federal precedence
Status: in_force

47-20.2-04. Federal and state coordinate description same tract - Federal precedence

Whenever coordinates based on the North Dakota coordinate system are used to describe

any tract of land which in the same document is also described by reference to any subdivision,

line, or corner of the United States public land surveys, the description by coordinates must be

construed as supplemental to the basic description of each subdivision, line, or corner contained

in the official plats and field notes filed of record, and, in the event of any conflict, the description

by reference to the subdivision, line, or corner of the United States public land surveys prevails

over the description by coordinates, unless the coordinates are upheld by adjudication, at which

time the coordinate description will prevail. This chapter does not require any purchaser or

mortgagee to rely on a description, any part of which depends exclusively upon the North

Dakota coordinate system, unless the description has been adjudicated as provided in this

section.
N.D. Cent. Code § 47-26-04 — ND Code / Title 47 / Chapter 47-26 / Section 47-26-04
47-26-04. Fees of fence viewers
Status: in_force

47-26-04. Fees of fence viewers

Each township supervisor may be paid by the employing person at the rate of no more than

fifteen dollars per day for the time employed as a fence viewer. If such person neglects to pay

such fees within thirty days after the service is performed, the township supervisor may recover

the amount thereof in a civil action.
N.D. Cent. Code § 47-10-05.1 — ND Code / Title 47 / Chapter 47-10 / Section 47-10-05.1
47-10-05.1. Presumption of corporate authority of officers - Application
Status: in_force

47-10-05.1. Presumption of corporate authority of officers - Application

An officer of any foreign or domestic corporation, or a manager of any foreign or domestic

limited liability company, is presumed to have the power and authority to execute and

acknowledge, in its behalf, any instrument granting, conveying, or otherwise affecting any

interest in or lien upon any property of the corporation or limited liability company, including

contracts, mortgages, deeds, plats, replats, easements, rights of way, options, dedications,

restrictions, releases, and satisfactions. Any such instrument executed by an officer of the

corporation or limited liability company prior to July 1, 1983, and otherwise proper, is valid and

effective.
N.D. Cent. Code § 47-18-27 — ND Code / Title 47 / Chapter 47-18 / Section 47-18-27
47-18-27. Conveyance of homestead when spouse is mentally ill - Validity
Status: in_force

47-18-27. Conveyance of homestead when spouse is mentally ill - Validity

A conveyance or mortgage of a homestead made pursuant to the applicable provisions of

this chapter shall be as valid and effectual as if the mentally ill husband or wife had been sane

and had joined in the execution and acknowledgment of such conveyance or mortgage.
N.D. Cent. Code § 47-02-27.5 — ND Code / Title 47 / Chapter 47-02 / Section 47-02-27.5
47-02-27.5. Prospective application
Status: in_force

47-02-27.5. Prospective application

1. Except as extended by subsection 2, sections 47-02-27.1 through 47-02-27.5 apply to

a contingent property interest or a power of appointment that is created on or after July

1, 1991. For purposes of this section, a contingent property interest or a power of

appointment created by the exercise of a power of appointment is created when the

power is irrevocably exercised or when a revocable exercise becomes irrevocable.

2. If a contingent property interest or a power of appointment was created before July 1,

1991, and is determined in a judicial proceeding, commenced on or after July 1, 1991,

to violate this state's rule against perpetuities as that rule existed before July 1, 1991,

a court upon the petition of an interested person may reform the disposition in the

manner that most closely approximates the transferor's manifested plan of distribution

and is within the limits of the rule against perpetuities applicable when the contingent

property interest or power of appointment was created.
N.D. Cent. Code § 47-10.1-04 — ND Code / Title 47 / Chapter 47-10.1 / Section 47-10.1-04
47-10.1-04. Enforcement
Status: in_force

47-10.1-04. Enforcement

If the attorney general has reason to believe that any person is violating section 47-10.1-02,

the attorney general shall commence an action in the district court in which any agricultural land

relative to the violation is situated, or if situated in two or more counties, in the district court for

that county in which a substantial part of the land is situated. The attorney general shall file for

record with the recorder in each county in which any portion of the land is located a notice of the

pendency of the action. If the court finds that the land in question is being held in violation of

section 47-10.1-02, it shall enter an order so declaring. The attorney general shall file for record

any such order with the recorder of each county in which any portion of the land is located.

Thereafter, the person, partnership, limited partnership, limited liability company, trustee, or

other business entity owning the land has a period of one year from the date of the order to

divest itself of the lands. The one-year limitation period is deemed a covenant running with the

title to the land against any grantee or assignee. Any land not divested within the time

prescribed shall be sold at public sale in the manner prescribed by law for the foreclosure of a

real estate mortgage by action. In addition, any prospective or threatened violation may be

enjoined by an action brought by the attorney general in the manner provided by law. No title to

land shall be invalid or subject to forfeiture by reason of the alienage of any former owner or

person having a former interest therein.
N.D. Cent. Code § 47-25-06.1 — ND Code / Title 47 / Chapter 47-25 / Section 47-25-06.1
47-25-06.1. Change of name or address of registrant - Other amendments
Status: in_force

47-25-06.1. Change of name or address of registrant - Other amendments

Any registrant that effects a name change must record that name change with the secretary

of state. The secretary of state must record the name change upon the payment of a fee of

twenty-five dollars and filing of the following:

1. A notarized statement reciting the name change if the registrant is an individual;

2. A certificate of fact reciting the name change duly authenticated by the proper officer of

the state or country if the registrant is a corporation, limited liability company, limited

partnership, limited liability partnership, or limited liability limited partnership

incorporated or organized in another state or country and does not have a certificate of

authority to transact business in North Dakota; or

3. An amendment or application for amended certificate of authority for a registrant that is

a corporation, limited liability company, limited partnership, limited liability partnership,

or limited liability limited partnership registered with the secretary of state.

The secretary of state shall issue a certificate in the new name of the registrant for the

remainder of the term of the registration or of the last renewal thereof.

A registrant must notify the secretary of state in writing when effecting a change of address.

A corporate annual report filed by the secretary of state that reflects a change of address of the

principal place of business of a registrant may serve as such notice.

A registrant may submit an amendment to a trade name registration on a form prescribed by

the secretary of state to show any change in the nature of the business or in the purpose of the

registration. The secretary of state shall amend the registration upon receipt of the completed

form and payment of a fee of twenty-five dollars by the registrant.
N.D. Cent. Code § 47-32-05 — ND Code / Title 47 / Chapter 47-32 / Section 47-32-05
47-32-05. Sealing of records - Nonpayment of rent - Damage to property - Victim of domestic violence
Status: in_force

47-32-05. Sealing of records - Nonpayment of rent - Damage to property - Victim of

domestic violence.

1. A person subject to a court order for eviction for nonpayment of rent or damage to the

leased premises, who has resolved all nonpayment of rent and damage claims, may

move to have all court records relating to the eviction proceedings sealed seven years

after the order for eviction has been satisfied, provided the person has not been

evicted from another property during the seven years following the eviction.

2. An individual who was subjected to domestic violence as defined under section

14-07.1-01 at the time of the victim's tenancy and was evicted from that tenancy

because of a domestic violence incident may move to have all court records relating to

the eviction proceedings sealed upon the conviction of the assailant for domestic

violence or the issuance of a disorderly conduct restraining order, sexual assault

restraining order, or domestic violence protection order against the assailant.
N.D. Cent. Code § 47-24.1-14 — ND Code / Title 47 / Chapter 47-24.1 / Section 47-24.1-14
47-24.1-14. Use of custodial property
Status: in_force

47-24.1-14. Use of custodial property

1. A custodian may deliver or pay to the minor or expend for the minor's benefit so much

of the custodial property as the custodian considers advisable for the use and benefit

of the minor, without court order and without regard to:

a. The duty or ability of the custodian personally or of any other person to support

the minor; or

b. Any other income or property of the minor which may be applicable or available

for that purpose.

2. On petition of an interested person or the minor if the minor has attained the age of

fourteen years, the court may order the custodian to deliver or pay to the minor or

expend for the minor's benefit so much of the custodial property as the court considers

advisable for the use and benefit of the minor.

3. A delivery, payment, or expenditure under this section is in addition to, not in

substitution for, and does not affect any obligation of a person to support the minor.
N.D. Cent. Code § 47-20.2-07 — ND Code / Title 47 / Chapter 47-20.2 / Section 47-20.2-07
47-20.2-07. Use of the term North Dakota coordinate system - Limitation
Status: repealed

47-20.2-07. Use of the term North Dakota coordinate system - Limitation

Repealed by S.L. 1989, ch. 555, § 7.
N.D. Cent. Code § 47-30.2-19 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-19
47-30.2-19. (305) Custody if transaction took place in this state
Status: in_force

47-30.2-19. (305) Custody if transaction took place in this state

Except as in section 47-30.2-16, 47-30.2-17, or 47-30.2-18, the administrator may take

custody of property presumed abandoned whether located in this state or another state if:

1. The transaction out of which the property arose took place in this state;

2. The holder is domiciled in a state that does not provide for the custodial taking of the

property, except that if the property is specifically exempt from custodial taking under

the law of the state of the holder's domicile, the property is not subject to the custody

of the administrator; and

3. The last-known address of the apparent owner or other person entitled to the property

is unknown or in a state that does not provide for the custodial taking of the property,

except that if the property is specifically exempt from custodial taking under the law of

the state of the last-known address, the property is not subject to the custody of the

administrator.
N.D. Cent. Code § 47-01-03 — ND Code / Title 47 / Chapter 47-01 / Section 47-01-03
47-01-03. Real property defined
Status: in_force

47-01-03. Real property defined

Real or immovable property consists of:

1. Land;

2. That which is affixed to land, including manufactured homes as defined in section

41-09-02 with respect to which the requirements of subsection 6 of section 47-10-27

have been satisfied;

3. That which is incidental or appurtenant to land; and

4. That which is immovable by law.
N.D. Cent. Code § 47-36-03 — ND Code / Title 47 / Chapter 47-36 / Section 47-36-03
47-36-03. User direction for disclosure of digital assets
Status: in_force

47-36-03. User direction for disclosure of digital assets

1. A user may use an online tool to direct the custodian to disclose to a designated

recipient or not to disclose some or all of the user's digital assets, including the content

of electronic communications. If the online tool allows the user to modify or delete a

direction at all times, a direction regarding disclosure using an online tool overrides a

contrary direction by the user in a will, trust, power of attorney, or other record.

2. If a user has not used an online tool to give direction under subsection 1 or if the

custodian has not provided an online tool, the user may allow or prohibit in a will, trust,

power of attorney, or other record, disclosure to a fiduciary of some or all of the user's

digital assets, including the content of electronic communications sent or received by

the user.

3. A user's direction under subsection 1 or 2 overrides a contrary provision in a

terms-of-service agreement that does not require the user to act affirmatively and

distinctly from the user's assent to the terms of service.
N.D. Cent. Code § 47-15.1-07 — ND Code / Title 47 / Chapter 47-15.1 / Section 47-15.1-07
47-15.1-07. Advertisement of consumer rental purchase agreement
Status: in_force

47-15.1-07. Advertisement of consumer rental purchase agreement

1. If an advertisement for a consumer rental purchase agreement refers to or states the

dollar amount of any payment and the right to acquire ownership of any one specific

item, the advertisement must also clearly and conspicuously state the following items,

as applicable:

a. That the transaction advertised is a consumer rental purchase agreement;

b. The total amount of payments necessary to acquire ownership; and

c. That the consumer acquires no ownership rights if the total amount necessary to

acquire ownership is not paid.

2. Any owner or personnel of a medium in which an advertisement appears or through

which an advertisement is disseminated is not liable for a violation of this section.

3. This section does not apply to any advertisement that does not refer to or state the

amount of any payment or which is published on radio, in the yellow pages of a

telephone directory, or in any similar directory of business.
N.D. Cent. Code § 47-30.2-17 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-17
47-30.2-17. (303) If records show multiple addresses of apparent owner
Status: in_force

47-30.2-17. (303) If records show multiple addresses of apparent owner

1. Except as in subsection 2, if records of a holder reflect multiple addresses for an

apparent owner and this state is the state of the most recently recorded address, this

state may take custody of property presumed abandoned, whether located in this state

or another state.

2. If it appears from records of the holder that the most recently recorded address of the

apparent owner under subsection 1 is a temporary address and this state is the state

of the next most recently recorded address that is not a temporary address, this state

may take custody of the property presumed abandoned.
N.D. Cent. Code § 47-02-26 — ND Code / Title 47 / Chapter 47-02 / Section 47-02-26
47-02-26. Restraints on alienation - When void
Status: in_force

47-02-26. Restraints on alienation - When void

Conditions restraining alienation, when repugnant to the interest created, are void.
N.D. Cent. Code § 47-14-04 — ND Code / Title 47 / Chapter 47-14 / Section 47-14-04
47-14-04. Interest defined
Status: in_force

47-14-04. Interest defined

Interest is the compensation allowed for the use, or forbearance, or detention of money, or

its equivalent.
N.D. Cent. Code § 47-16-13.3 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-13.3
47-16-13.3. Unconscionability
Status: in_force

47-16-13.3. Unconscionability

1. If a court of competent jurisdiction, as a matter of law, finds:

a. A residential dwelling unit rental agreement or any provision thereof was

unconscionable when made, the court may refuse to enforce the agreement,

enforce the remainder of the agreement without the unconscionable provision, or

limit the application of any unconscionable provision to avoid an unconscionable

result.

b. A settlement in which a party waives or agrees to forego a claim or right under

sections 47-16-13.1 through 47-16-13.6 or under a rental agreement was

unconscionable when made, the court may refuse to enforce the settlement,

enforce the remainder of the settlement without the unconscionable provision, or

limit the application of any unconscionable provision to avoid an unconscionable

result.

2. If unconscionability is put into issue by a party or by the court upon its own motion, the

parties shall be afforded a reasonable opportunity to present evidence as to the

setting, purpose, and effect of the rental agreement or settlement to aid the court in

making the determination.
N.D. Cent. Code § 47-19.1-09 — ND Code / Title 47 / Chapter 47-19.1 / Section 47-19.1-09
47-19.1-09. Slanderous notice - Penalty
Status: in_force

47-19.1-09. Slanderous notice - Penalty

No person shall use the privilege of filing notices under this chapter or recording any

instrument affecting title to real property for the purpose of slandering the title to real estate or to

harass the owner of the real estate and in any action brought for the purpose of quieting title to

real estate, if the court shall find that any person has filed a claim for the purpose of slandering

title to such real estate or to harass the owner of the real estate, the court shall award the

plaintiff all the costs of such action, including attorney fees to be fixed and allowed to the plaintiff

by the court, and all damages that plaintiff may have sustained as the result of such notice of

claim having been filed for record or the instrument having been recorded.
N.D. Cent. Code § 47-06-05 — ND Code / Title 47 / Chapter 47-06 / Section 47-06-05
47-06-05. Riparian accretions
Status: in_force

47-06-05. Riparian accretions

Where from natural causes land forms by imperceptible degrees upon the bank of a river or

stream, navigable or not navigable, either by accumulation of material or by the recession of the

stream, such land belongs to the owner of the bank, subject to any existing right of way over the

bank.
N.D. Cent. Code § 47-10.2-04 — ND Code / Title 47 / Chapter 47-10.2 / Section 47-10.2-04
47-10.2-04. Payments from escrow - Notice - Liability of lender or escrow agent
Status: in_force

47-10.2-04. Payments from escrow - Notice - Liability of lender or escrow agent

1. If the borrower notifies the escrow agent as provided in subsection 2, is current in loan

payments, and funds in the escrow account are sufficient, the borrower may direct the

escrow agent under the borrower's loan to do any of the following:

a. Pay the property taxes by December thirty-first, if the escrow agent has received

a tax statement for that property by December twentieth.

b. Pay the property taxes on or before February fifteenth to qualify for the discount

for early payment under section 57-20-09.

c. Pay the property taxes when due.

2. To require the escrow agent to make payments in any of the manners specified in

subsection 1, the borrower shall send, by December first, written notice to the escrow

agent specifying the manner in which the borrower wants the escrow agent to make

payments under subsection 1. Once notified, the escrow agent shall annually make

payments in that manner unless the borrower is not current in loan payments, unless

funds in the escrow account are not sufficient, or unless otherwise notified in writing by

the borrower by December first. If the borrower has never provided a written notice to

the escrow agent, the escrow agent shall pay property taxes as provided in subdivision

b of subsection 1.

3. An escrow agent who fails to comply with a directive of a borrower under subsection 1

made within the time limitations under subsection 2 is liable to the borrower for five

hundred dollars plus actual damages, costs, and reasonable attorney fees.

4. In this section, unless the context or subject matter otherwise requires:

a. "Escrow agent" means a person who receives escrow payments on behalf of

itself or another person.

b. "Loan" means a loan under which an escrow is required by the lender to assure

payment of property taxes and which is secured by a first lien real estate

mortgage or equivalent security interest in a dwelling that the borrower uses as a

principal place of residence, not including a mobile home.
N.D. Cent. Code § 47-31-05 — ND Code / Title 47 / Chapter 47-31 / Section 47-31-05
47-31-05. Severing pore space prohibited
Status: in_force

47-31-05. Severing pore space prohibited

Title to pore space may not be severed from title to the surface of the real property overlying

the pore space. An instrument or arrangement that seeks to sever title to pore space from title to

the surface is void as to the severance of the pore space from the surface interest.
N.D. Cent. Code § 47-21.1-05 — ND Code / Title 47 / Chapter 47-21.1 / Section 47-21.1-05
47-21.1-05. Exemptions
Status: in_force

47-21.1-05. Exemptions

The provisions of this chapter shall not apply to:

1. Any broadcaster who, in connection with or as part of a radio, television, or cable

broadcast transmission, or for the purpose of archival preservation, transfers any

sounds recorded on a sound recording.

2. Any person who transfers sounds in the home, for personal use, and without

compensation for such transfer.

3. Any person who transfers or causes to be transferred any recorded sounds or

transcript thereof in any judicial or administrative proceedings conducted pursuant to

law.
N.D. Cent. Code § 47-30.2-54 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-54
47-30.2-54. (1001) Verified report of property
Status: in_force

47-30.2-54. (1001) Verified report of property

If a person does not file a report under section 47-30.2-21 or the administrator believes that

a person may have filed an inaccurate, incomplete, or false report, the administrator may

require the person to file a verified report in a form prescribed by the administrator. The verified

report must:

1. State whether the person is holding property reportable under this chapter;

2. Describe property not previously reported or about which the administrator has

inquired;

3. Specifically identify property described under subsection 2 about which there is a

dispute whether it is reportable under this chapter; and

4. State the amount or value of the property.
N.D. Cent. Code § 47-19-14.4 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-14.4
47-19-14.4. Recognition of certificate of acknowledgment
Status: repealed

47-19-14.4. Recognition of certificate of acknowledgment

Repealed by S.L. 2011, ch. 334, § 6.
N.D. Cent. Code § 47-05-01 — ND Code / Title 47 / Chapter 47-05 / Section 47-05-01
47-05-01. Easements attached to other lands
Status: in_force

47-05-01. Easements attached to other lands

The following land burdens or servitudes upon lands may be attached to other land as

incidents or appurtenances and then are called easements:

1. The right of pasturage.

2. The right of fishing.

3. The right of way.

4. The right of taking water, wood, minerals, and other things.

5. The right of transacting business upon land.

6. The right of conducting lawful sports upon land.

7. The right of receiving air, light, or heat from or over, or discharging the same upon or

over land.

8. The right of receiving water from or discharging the same upon land.

9. The right of flooding land.

10. The right of having water flow without diminution or disturbance of any kind.

11. The right of using a wall as a party wall.

12. The right of receiving more than natural support from adjacent land or things affixed

thereto.

13. The right of having the whole of a division fence maintained by a coterminous owner.

14. The right of having public conveyances stopped or of stopping the same on land.

15. The right of a seat in church.

16. The right of burial.
N.D. Cent. Code § 47-13-06 — ND Code / Title 47 / Chapter 47-13 / Section 47-13-06
47-13-06. Time and place for return of personal property to lender
Status: in_force

47-13-06. Time and place for return of personal property to lender

If personal property is exchanged for a specific time or purpose, a similar article shall be

returned to the lender without demand as soon as the time has expired or the purpose has been

accomplished. In any other case, it need not be returned until demanded. The borrower of

personal property for exchange shall return a similar article to the lender at the place

contemplated by the parties at the time of the exchange, or if no particular place was

contemplated by them, at the place where it was at the time of the exchange.
N.D. Cent. Code § 47-04-28 — ND Code / Title 47 / Chapter 47-04 / Section 47-04-28
47-04-28. Covenants running with the land - Owner of entire estate bound
Status: in_force

47-04-28. Covenants running with the land - Owner of entire estate bound

A covenant running with the land binds only those who acquire the whole estate of the

covenantor in some part of the property.
N.D. Cent. Code § 47-20.1-04 — ND Code / Title 47 / Chapter 47-20.1 / Section 47-20.1-04
47-20.1-04. Filing permitted as to any property corner
Status: in_force

47-20.1-04. Filing permitted as to any property corner

A registered land surveyor may file such corner record as to any property corner, property

controlling corner, reference monument, or accessory to a corner.
N.D. Cent. Code § 47-10-23.1 — ND Code / Title 47 / Chapter 47-10 / Section 47-10-23.1
47-10-23.1. Nontestamentary transfer between spouses - Presumption
Status: in_force

47-10-23.1. Nontestamentary transfer between spouses - Presumption

A nontestamentary transfer of real property between spouses shall be presumed to be for a

consideration, and not a gift, unless otherwise stated in writing at the time of transfer. This

presumption is conclusive.
N.D. Cent. Code § 47-30.2-44 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-44
47-30.2-44. (801) Deposit of funds by administrator
Status: in_force

47-30.2-44. (801) Deposit of funds by administrator

1. Except as otherwise provided in this section, the department shall deposit to the credit

of the common schools trust fund all funds received under this chapter, including

proceeds from the sale of property under sections 47-30.2-40, 47-30.2-41, 47-30.2-42,

and 47-30.2-43.

2. The department shall maintain an account with an amount of funds the commissioner

reasonably estimates is sufficient to pay claims allowed under this chapter.
N.D. Cent. Code § 47-19-22 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-22
47-19-22. Knowledge required by officer of subscribing witness in taking proof
Status: in_force

47-19-22. Knowledge required by officer of subscribing witness in taking proof

If proof of the execution of an instrument is made by a subscribing witness, such witness

must be known personally to the officer taking the proof to be the person whose name is

subscribed to the instrument as a witness or must be proved to be such by the oath of a credible

witness. The subscribing witness must prove that the person whose name is subscribed to the

instrument as a party is the person described in it, that such person executed it, and that the

witness subscribed the witness's name thereto as a witness.
N.D. Cent. Code § 47-02-07 — ND Code / Title 47 / Chapter 47-02 / Section 47-02-07
47-02-07. Partnership interest defined
Status: in_force

47-02-07. Partnership interest defined

A partnership interest is one owned by several persons in partnership for partnership

purposes.
N.D. Cent. Code § 47-18-20 — ND Code / Title 47 / Chapter 47-18 / Section 47-18-20
47-18-20. Recording of declaration of homestead
Status: in_force

47-18-20. Recording of declaration of homestead

A declaration of homestead must be recorded in the office of the recorder of the county in

which the land is situated.
N.D. Cent. Code § 47-10-12 — ND Code / Title 47 / Chapter 47-10 / Section 47-10-12
47-10-12. Warranties - Lineal and collateral abolished - Exceptions
Status: in_force

47-10-12. Warranties - Lineal and collateral abolished - Exceptions

Lineal and collateral warranties with all their incidents are abolished but the heirs and

devisees of any person who has made any covenant or agreement in reference to the title of, in,

or to any real property are answerable upon such covenant or agreement to the extent of the

land descended or devised to them in the cases and in the manner prescribed by law.
N.D. Cent. Code § 47-04.1-15 — ND Code / Title 47 / Chapter 47-04.1 / Section 47-04.1-15
47-04.1-15. Approval by lender of amendment
Status: in_force

47-04.1-15. Approval by lender of amendment

Notwithstanding any requirement in the condominium declaration or bylaws requiring a

lender's approval of any amendment of the declaration or bylaws, after being given a thirty-day

written notice beginning with the date of mailing, any lender contacted at the last-known address

that does not refuse or approve of the proposed amendment is deemed to have approved the

amendment. This section does not apply to any proposed amendment that affects a lender's

right to enforce the terms of the mortgage.
N.D. Cent. Code § 47-22-13 — ND Code / Title 47 / Chapter 47-22 / Section 47-22-13
47-22-13. Common-law rights
Status: in_force

47-22-13. Common-law rights

Nothing herein shall adversely affect the rights or the enforcement of rights in marks

acquired in good faith at any time at common law.
N.D. Cent. Code § 47-30.2-71 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-71
47-30.2-71. (1405) No confidential information in notice
Status: in_force

47-30.2-71. (1405) No confidential information in notice

Except as otherwise provided in sections 47-30.2-26 and 47-30.2-27, a holder is not

required under this chapter to include confidential information in a notice the holder is required

to provide to an apparent owner under this chapter.
N.D. Cent. Code § 47-30.2-36 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-36
47-30.2-36. (607) Crediting income or gain to owner's account
Status: in_force

47-30.2-36. (607) Crediting income or gain to owner's account

If property in the form of a security is paid or delivered to the administrator under this

chapter, the owner is entitled to receive any dividends or other increments realized or accruing

on the security for as long as the security is held by the administrator, if the total amount of cash

due the owner exceeds five dollars.
N.D. Cent. Code § 47-01-05 — ND Code / Title 47 / Chapter 47-01 / Section 47-01-05
47-01-05. Fixtures defined
Status: in_force

47-01-05. Fixtures defined

A thing is deemed to be affixed to land when it is attached to it by roots, as in the case of

trees, vines, or shrubs, or imbedded in it, as in the case of walls, or permanently resting upon it,

as in the case of buildings, or permanently attached to what is thus permanent, as by means of

cement, plaster, nails, bolts, or screws.
N.D. Cent. Code § 47-19-14.3 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-14.3
47-19-14.3. Certificate of person taking acknowledgment
Status: repealed

47-19-14.3. Certificate of person taking acknowledgment

Repealed by S.L. 2011, ch. 334, § 6.
N.D. Cent. Code § 47-20.2-06 — ND Code / Title 47 / Chapter 47-20.2 / Section 47-20.2-06
47-20.2-06. North Dakota coordinate system - Use of term
Status: in_force

47-20.2-06. North Dakota coordinate system - Use of term

The use of the North Dakota coordinate system of 1927 north zone or south zone, the North

Dakota coordinate system of 1983 north zone or south zone, the North Dakota statewide

coordinate system of 2022, or the North Dakota low-distortion coordinate system of 2022 on any

map, report of survey, or other document must be limited to coordinates based on the North

Dakota coordinate systems as defined in this chapter. The map, report, or document must

include a statement describing the standard of accuracy, as defined by the national ocean

survey/national geodetic survey, maintained in developing the coordinates shown therein. The

coordinates must be established in conformity with these standards:

1. No coordinates based on the North Dakota coordinate system, purporting to define the

position of a point on a land boundary, may be presented to be recorded in any public

records or deed records unless the point is connected to the national spatial reference

system and established in conformity with the standards prescribed in this chapter.

2. Coordinate values used in land descriptions under this section must be certified by a

duly registered professional land surveyor under the laws of this state.
N.D. Cent. Code § 47-16-07.3 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-07.3
47-16-07.3. When landlord may enter apartment
Status: in_force

47-16-07.3. When landlord may enter apartment

A landlord may enter the dwelling unit:

1. At any time in case of emergency or if the landlord reasonably believes the tenant has

abandoned the premises, or the landlord reasonably believes the tenant is in

substantial violation of the provisions of the lease or rental agreement.

2. Only during reasonable hours, and in a reasonable manner, for the purpose of

inspecting the premises; for making necessary or agreed repairs, decorations,

alterations, or improvements; for supplying necessary or agreed services; or for

exhibiting the residential dwelling unit to actual or potential purchasers, insurers,

mortgagees, real estate agents, tenants, workmen, or contractors. Unless it is

impractical to do so the landlord shall first notify and receive the consent of the tenant

which shall not be unreasonably withheld, which consent shall identify a time certain. A

landlord shall not abuse the right of access or use it to harass or intimidate the tenant.

For the purposes of this section, consent shall be presumed from failure to object to access

after notice of intent to enter at a time certain has been given. Notice may be given by personal

service, by posting the notice in a conspicuous place in or about the dwelling unit for a

reasonable period of time, or by any other method which results in actual notice to the tenant.
N.D. Cent. Code § 47-24.1-17 — ND Code / Title 47 / Chapter 47-24.1 / Section 47-24.1-17
47-24.1-17. Liability to third persons
Status: in_force

47-24.1-17. Liability to third persons

1. A claim based on a contract entered into by a custodian acting in a custodial capacity,

an obligation arising from the ownership or control of custodial property, or a tort

committed during the custodianship may be asserted against the custodial property by

proceeding against the custodian in the custodial capacity, whether or not the

custodian or the minor is personally liable therefor.

2. A custodian is not personally liable:

a. On a contract properly entered into in the custodial capacity unless the custodian

fails to reveal that capacity and to identify the custodianship in the contract; or

b. For an obligation arising from control of custodial property or for a tort committed

during the custodianship unless the custodian is personally at fault.

3. A minor is not personally liable for an obligation arising from ownership of custodial

property or for a tort committed during the custodianship unless the minor is personally

at fault.
N.D. Cent. Code § 47-30.2-09 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-09
47-30.2-09. (206) When stored-value card presumed abandoned
Status: in_force

47-30.2-09. (206) When stored-value card presumed abandoned

1. Subject to section 47-30.2-12, the net card value of a stored-value card, other than a

payroll card, is presumed abandoned on the latest of three years after:

a. December thirty-first of the year in which the card is issued or additional funds are

deposited into the card;

b. The most recent indication of interest in the card by the apparent owner; or

c. A verification or review of the balance by or on behalf of the apparent owner.

2. The amount presumed abandoned in a stored-value card is the net card value at the

time it is presumed abandoned.
N.D. Cent. Code § 47-19.1-04 — ND Code / Title 47 / Chapter 47-19.1 / Section 47-19.1-04
47-19.1-04. Who may file notice
Status: in_force

47-19.1-04. Who may file notice

The notice mentioned in section 47-19.1-03 may be filed for record by the claimant of any

interest therein described, or by any other person acting on behalf of a claimant who is under

disability, unable to assert a claim on the claimant's own behalf, or one of a class but whose

identity cannot be established or is uncertain at the time of filing such claim for record.
N.D. Cent. Code § 47-11-10 — ND Code / Title 47 / Chapter 47-11 / Section 47-11-10
47-11-10. Gift in view of death - Presumption
Status: in_force

47-11-10. Gift in view of death - Presumption

A gift made during the last illness of the giver or under circumstances which naturally would

impress the giver with an expectation of speedy death is presumed to be a gift in view of death.
N.D. Cent. Code § 47-04.1-10 — ND Code / Title 47 / Chapter 47-04.1 / Section 47-04.1-10
47-04.1-10. Withdrawal of property from project - Recording - Subsequent project
Status: in_force

47-04.1-10. Withdrawal of property from project - Recording - Subsequent project

Any property so constituted as a condominium project may be removed therefrom at any

time, provided the sole owner or all of the owners execute, acknowledge, and record a

declaration evidencing such withdrawal. If at such time there are any encumbrances or liens

against any of the units, such declaration will be effective only when the creditors holding such

encumbrances or liens also execute and acknowledge such declaration, or their encumbrances

or liens are satisfied, or expire by operation of law.

No withdrawal of any property from a condominium project shall be a bar to any subsequent

commitment to a condominium project.
N.D. Cent. Code § 47-24.1-09 — ND Code / Title 47 / Chapter 47-24.1 / Section 47-24.1-09
47-24.1-09. Manner of creating custodial property and effecting transfer - Designation of initial custodian - Control
Status: in_force

47-24.1-09. Manner of creating custodial property and effecting transfer - Designation

of initial custodian - Control.

1. Custodial property is created and a transfer is made whenever:

a. An uncertificated security or a certificated security in registered form is either:

(1) Registered in the name of the transferor, an adult other than the transferor,

or a trust company, followed in substance by the words: "as custodian for

__________ (name of minor) under the North Dakota Uniform Transfers to

Minors Act"; or

(2) Delivered if in certificated form, or any document necessary for the transfer

of an uncertificated security is delivered, together with any necessary

endorsement to an adult other than the transferor or to a trust company as

custodian, accompanied by an instrument in substantially the form set forth

in subsection 2;

b. Money is paid or delivered, or a security held in the name of a broker, financial

institution, or its nominee is transferred, to a broker or financial institution for

credit to an account in the name of the transferor, an adult other than the

transferor, or a trust company, followed in substance by the words: "as custodian

for __________ (name of minor) under the North Dakota Uniform Transfers to

Minors Act";

c. The ownership of a life or endowment insurance policy or annuity contract is

either:

(1) Registered with the issuer in the name of the transferor, an adult other than

the transferor, or a trust company, followed in substance by the words: "as

custodian for __________ (name of minor) under the North Dakota Uniform

Transfers to Minors Act"; or

(2) Assigned in a writing delivered to an adult other than the transferor, or to a

trust company, whose name in the assignment is followed in substance by

the words: "as custodian for __________ (name of minor) under the North

Dakota Uniform Transfers to Minors Act";

d. An irrevocable exercise of a power of appointment or an irrevocable present right

to future payment under a contract is the subject of a written notification delivered

to the payor, issuer, or other obligor that the right is transferred to the transferor,

an adult other than the transferor, or a trust company, whose name in the

notification is followed in substance by the words: "as custodian for __________

(name of minor) under the North Dakota Uniform Transfers to Minors Act";

e. An interest in real property is recorded in the name of the transferor, an adult

other than the transferor, or a trust company, followed in substance by the words:

"as custodian for __________ (name of minor) under the North Dakota Uniform

Transfers to Minors Act";

f. A certificate of title issued by a department or agency of a state or of the United

States which evidences title to tangible personal property is either:

(1) Issued in the name of the transferor, an adult other than the transferor, or a

trust company, followed in substance by the words: "as custodian for

__________ (name of minor) under the North Dakota Uniform Transfers to

Minors Act"; or

(2) Delivered to an adult other than the transferor, or to a trust company,

endorsed to that person followed in substance by the words: "as custodian

for __________ (name of minor) under the North Dakota Uniform Transfers

to Minors Act"; or

g. An interest in any property not described in subdivisions a through f is transferred

to an adult other than the transferor, or to a trust company, by a written instrument

in substantially the form set forth in subsection 2.

2. An instrument in the following form satisfies the requirements of paragraph 2 of

subdivision a and subdivision g of subsection 1:

"TRANSFER UNDER THE NORTH DAKOTA UNIFORM

TRANSFERS TO MINORS ACT

I, __________ (name of transferor or name and representative capacity if a

fiduciary) hereby transfer to __________ (name of custodian), as custodian for

__________ (name of minor) under the North Dakota Uniform Transfers to Minors Act,

the following: (insert a description of the custodian property sufficient to identify it).

Dated: _________________________

________________________________

(Signature)

_________ (name of custodian) acknowledges receipt of the property described above

as custodian for the minor named above under the North Dakota Uniform Transfers to

Minors Act.

Dated: _________________________

________________________________

(Signature of Custodian)"

3. A transferor shall place the custodian in control of the custodial property as soon as

practicable.
N.D. Cent. Code § 47-30.2-75 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-75
47-30.2-75. Enforcement - Appeals
Status: in_force

47-30.2-75. Enforcement - Appeals

The administrator may bring an action in a court of competent jurisdiction to enforce this

chapter. A person in this state aggrieved by an audit that in any form requests the payment of

money or a civil penalty is entitled to a hearing before the board. A demand for a hearing must

be made within thirty days of the request by the administrator. The request by the administrator

must contain notice of the right to a hearing. The board's decision is the final order of the

agency and is appealable to the district court. Any amount of money requested by the

administrator which may increase over time is tolled at the time of filing an appeal, retroactive to

the date of the request.
N.D. Cent. Code § 47-16-01 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-01
47-16-01. Leasing of real property - Definition
Status: in_force

47-16-01. Leasing of real property - Definition

Leasing is a contract by which one gives to another the temporary possession and use of

real property for reward and the latter agrees to return such possession to the former at a future

time.
N.D. Cent. Code § 47-22-04 — ND Code / Title 47 / Chapter 47-22 / Section 47-22-04
47-22-04. Certificate of registration
Status: in_force

47-22-04. Certificate of registration

Upon compliance by the applicant with the requirements of this chapter, the secretary of

state shall cause a certificate of registration to be issued and delivered to the applicant. The

certificate of registration must be issued under the signature of the secretary of state and the

seal of the state, and it shall show the name and business address and, if a corporation, the

state of incorporation, and, if a limited liability company, the state of organization, of the person

claiming ownership of the mark, the date claimed for the first use of the mark anywhere and the

date claimed for the first use of the mark in this state, the class, or classes, of goods or services

and a description of the goods or services on which the mark is used, a facsimile of the mark,

the registration date, and the term of registration.

Any certificate of registration issued by the secretary of state under the provisions hereof or

a copy thereof duly certified by the secretary of state is admissible in evidence as competent

and sufficient proof of the registration of such mark in any action or judicial proceedings in any

court of this state.
N.D. Cent. Code § 47-24.1-18 — ND Code / Title 47 / Chapter 47-24.1 / Section 47-24.1-18
47-24.1-18. Renunciation, resignation, death, or removal of custodian - Designation of successor custodian
Status: in_force

47-24.1-18. Renunciation, resignation, death, or removal of custodian - Designation of

successor custodian.

1. A person nominated under section 47-24.1-03 or designated under section 47-24.1-09

as custodian may decline to serve by delivering a valid disclaimer under chapter

30.1-10.1 to the person who made the nomination or to the transferor or the

transferor's legal representative. If the event giving rise to a transfer has not occurred

and no substitute custodian able, willing, and eligible to serve was nominated under

section 47-24.1-03, the person who made the nomination may nominate a substitute

custodian under section 47-24.1-03; otherwise the transferor or the transferor's legal

representative shall designate a substitute custodian at the time of the transfer, in

either case from among the persons eligible to serve as custodian for that kind of

property under subsection 1 of section 47-24.1-09. The custodian so designated has

the rights of a successor custodian.

2. A custodian at any time may designate a trust company or an adult other than a

transferor under section 47-24.1-04 as successor custodian by executing and dating

an instrument of designation before a subscribing witness other than the successor. If

the instrument of designation does not contain or is not accompanied by the

resignation of the custodian, the designation of the successor does not take effect until

the custodian resigns, dies, becomes incapacitated, or is removed.

3. A custodian may resign at any time by delivering written notice to the minor if the minor

has attained the age of fourteen years and to the successor custodian and by

delivering the custodial property to the successor custodian.

4. If a custodian is ineligible, dies, or becomes incapacitated without having effectively

designated a successor and the minor has attained the age of fourteen years, the

minor may designate as successor custodian, in the manner prescribed in subsection

2, an adult member of the minor's family, a conservator of the minor, or a trust

company. If the minor has not attained the age of fourteen years or fails to act within

sixty days after the ineligibility, death, or incapacity, the conservator of the minor

becomes successor custodian. If the minor has no conservator or the conservator

declines to act, the transferor, the legal representative of the transferor or of the

custodian, an adult member of the minor's family, or any other interested person may

petition the court to designate a successor custodian.

5. A custodian who declines to serve under subsection 1 or resigns under subsection 3,

or the legal representative of a deceased or incapacitated custodian, as soon as

practicable, shall put the custodian's property and records in the possession and

control of the successor custodian. The successor custodian by action may enforce

the obligation to deliver custodial property and records and becomes responsible for

each item as received.

6. A transferor, the legal representative of a transferor, an adult member of the minor's

family, a guardian of the person of the minor, the conservator of the minor, or the minor

if the minor has attained the age of fourteen years may petition the court to remove the

custodian for cause and to designate a successor custodian other than a transferor

under section 47-24.1-04 or to require the custodian to give appropriate bond.
N.D. Cent. Code § 47-21-08.1 — ND Code / Title 47 / Chapter 47-21 / Section 47-21-08.1
47-21-08.1. Administration
Status: in_force

47-21-08.1. Administration

The provisions of chapter 57-39.2, pertaining to the administration of the retail sales tax,

including provisions for penalty and interest, not in conflict with the provisions of this chapter,

shall govern the administration of the tax levied by this chapter.
N.D. Cent. Code § 47-30.2-21 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-21
47-30.2-21. (401) Report required by holder
Status: in_force

47-30.2-21. (401) Report required by holder

1. A holder of property presumed abandoned and subject to the custody of the

administrator shall report in a record to the administrator concerning the property.

2. A holder may contract with a third party to make the report required under

subsection 1.

3. Whether or not a holder contracts with a third party under subsection 2, the holder is

responsible:

a. To the administrator for the complete, accurate, and timely reporting of property

presumed abandoned; and

b. For paying or delivering to the administrator property described in the report.

4. A holder may file a negative report if the holder does not have reportable property or

safe deposit box contents.
N.D. Cent. Code § 47-05-16 — ND Code / Title 47 / Chapter 47-05 / Section 47-05-16
47-05-16. Severance of wind energy rights limited
Status: in_force

47-05-16. Severance of wind energy rights limited

Redesignated as section 17-04-04 under S.L. 2007, ch. 204, § 5.
N.D. Cent. Code § 47-17-04 — ND Code / Title 47 / Chapter 47-17 / Section 47-17-04
47-17-04. Three days' notice sufficient for re-entry
Status: in_force

47-17-04. Three days' notice sufficient for re-entry

Whenever the right of re-entry is given to a grantor or lessor in any grant or lease, or

otherwise, such re-entry may be made at any time after the right has accrued upon three days'

previous written notice of intention to re-enter served in the mode prescribed by section

47-17-02.
N.D. Cent. Code § 47-17-02 — ND Code / Title 47 / Chapter 47-17 / Section 47-17-02
47-17-02. Notice to terminate estate at will - Form - Service
Status: in_force

47-17-02. Notice to terminate estate at will - Form - Service

The notice prescribed by section 47-17-01 must be in writing and must be served by

delivering the same to the tenant or to some person of discretion residing on the premises. If

neither can be found with reasonable diligence, the notice may be served by affixing it on a

conspicuous part of the premises where it may be read conveniently.
N.D. Cent. Code § 47-14-09 — ND Code / Title 47 / Chapter 47-14 / Section 47-14-09
47-14-09. Usury - Definition - Maximum contract rate - Prohibition - Exclusions
Status: in_force

47-14-09. Usury - Definition - Maximum contract rate - Prohibition - Exclusions

1. Except as otherwise provided by the laws of this state, a person, either directly or

indirectly, may not take or receive, or agree to take or receive, in money, goods, or

things in action, or in any other way, any greater sum or greater value for the loan or

forbearance of money, goods, or things in action than five and one-half percent per

annum higher than the current cost of money as reflected by the average rate of

interest payable on United States treasury bills maturing in six months in effect for

North Dakota for the six months immediately preceding the month in which the

transaction occurs, as computed and declared on the last day of each month by the

state banking commissioner, but that in any event the maximum allowable interest rate

ceiling may not be less than seven percent, and in the computation of interest the

same may not be compounded; provided, however, that a minimum interest charge of

fifteen dollars may be made. A contract may not provide for the payment of interest on

interest overdue, but this section does not apply to a contract to pay interest at a lawful

rate on interest that is overdue at the time such contract is made. Any violation of this

section is deemed usury.

2. This section does not apply to a:

a. Bona fide pawnbroking transaction in an amount not exceeding ten thousand

dollars which is made by a bona fide pawnbroking business transacted under a

pawnbroker's license;

b. Loan made to a foreign or domestic corporation, foreign or domestic limited

liability company, cooperative corporation or association, or trust;

c. Loan made to a partnership, limited partnership, or association that files a state or

federal partnership income tax return;

d. Loan or forbearance of money, goods, or things in action the principal amount of

which amounts to more than thirty-five thousand dollars; and

e. Loan made by a lending institution which is regulated or funded by an agency of a

state or of the federal government.

3. Notwithstanding the interest rate limit set under this section, state-chartered banks and

the Bank of North Dakota may charge interest at a rate equal to the maximum

allowable rate which lawfully may be charged for a particular type of loan by national

banking associations or state or federally chartered savings and loan associations

operating out of facilities located in this state.

4. As used in this section, "bona fide pawnbroking transaction" means a transaction with

a licensed pawnbroker which includes both possession and a pledge of tangible

personal property.
N.D. Cent. Code § 47-09-02 — ND Code / Title 47 / Chapter 47-09 / Section 47-09-02
47-09-02. What may be transferred - Exceptions
Status: in_force

47-09-02. What may be transferred - Exceptions

Property of any kind may be transferred except:

1. A mere possibility not coupled with an interest.

2. A mere right of re-entry or of repossession for breach of a condition subsequent which

cannot be transferred to anyone except the owner of the property affected thereby.
N.D. Cent. Code § 47-15-05 — ND Code / Title 47 / Chapter 47-15 / Section 47-15-05
47-15-05. Limitation of use to purpose for which let
Status: in_force

47-15-05. Limitation of use to purpose for which let

When personal property is let for a particular purpose, the hirer must not use it for any other

purpose. If the hirer uses it for a purpose other than that for which it was let, the letter may hold

the hirer responsible for its safety during such use in all events, or may treat the contract as

thereby rescinded.
N.D. Cent. Code § 47-07-08 — ND Code / Title 47 / Chapter 47-07 / Section 47-07-08
47-07-08. Identical products of the mind - Rights of respective owners
Status: in_force

47-07-08. Identical products of the mind - Rights of respective owners

If the owner of a product of the mind does not make it public, any other person

subsequently and originally producing the same thing has the same right therein as the prior

author, and such right is exclusive to the same extent against all persons except the prior

author, or those claiming under the prior author.
N.D. Cent. Code § 47-10-13 — ND Code / Title 47 / Chapter 47-10 / Section 47-10-13
47-10-13. Grant presumes fee simple title
Status: in_force

47-10-13. Grant presumes fee simple title

A fee simple title is presumed to be intended to pass by a grant of real property unless it

appears from the grant that a lesser estate was intended.
N.D. Cent. Code § 47-19-19 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-19
47-19-19. Effect of recording
Status: in_force

47-19-19. Effect of recording

The record of any instrument shall be notice of the contents of the instrument, as it appears

of record, as to all persons.
N.D. Cent. Code § 47-30.2-14 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-14
47-30.2-14. (212) Deposit account for proceeds of insurance policy or annuity contract
Status: in_force

47-30.2-14. (212) Deposit account for proceeds of insurance policy or annuity

contract.

If proceeds payable under a life or endowment insurance policy or annuity contract are

deposited into an account with check or draft writing privileges for the beneficiary of the policy or

contract and, under a supplementary contract not involving annuity benefits other than death

benefits, the proceeds are retained by the insurance company or the financial organization

where the account is held, the policy or contract includes the assets in the account.
N.D. Cent. Code § 47-30.2-20 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-20
47-30.2-20. (306) Traveler's check, money order, or similar instrument
Status: in_force

47-30.2-20. (306) Traveler's check, money order, or similar instrument

The administrator may take custody of sums payable on a traveler's check, money order, or

similar instrument presumed abandoned to the extent permissible under 12 U.S.C. 2501

through 2503.
N.D. Cent. Code § 47-12-10 — ND Code / Title 47 / Chapter 47-12 / Section 47-12-10
47-12-10. Reparation of personal property by borrower
Status: in_force

47-12-10. Reparation of personal property by borrower

A borrower for use must repair all deteriorations or injuries to the personal property

borrowed which are occasioned by the borrower's negligence, however slight.
N.D. Cent. Code § 47-15-03 — ND Code / Title 47 / Chapter 47-15 / Section 47-15-03
47-15-03. Remedy against letter
Status: in_force

47-15-03. Remedy against letter

If a letter fails to fulfill the letter's obligations as prescribed by section 47-15-02, the hirer,

after giving the letter notice to do so, if such notice may be given conveniently, may expend any

reasonable amount necessary to make good the letter's default and may recover such amount

from the letter.
N.D. Cent. Code § 47-30.2-47 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-47
47-30.2-47. (804) Administrator holds property as custodian for owner
Status: in_force

47-30.2-47. (804) Administrator holds property as custodian for owner

Property received by the administrator under this chapter is held in custody for the benefit of

the owner and is not owned by the state.
N.D. Cent. Code § 47-04-17 — ND Code / Title 47 / Chapter 47-04 / Section 47-04-17
47-04-17. Contingent remainder on term of years - Limitation
Status: repealed

47-04-17. Contingent remainder on term of years - Limitation

Repealed by omission from this code.
N.D. Cent. Code § 47-14-05 — ND Code / Title 47 / Chapter 47-14 / Section 47-14-05
47-14-05. Legal rate of interest - Interest after maturity
Status: in_force

47-14-05. Legal rate of interest - Interest after maturity

Interest for any legal indebtedness must be at the rate of six percent per annum unless a

different rate not to exceed the rate specified in section 47-14-09 is contracted for in writing.

Unless otherwise agreed by the parties in writing, all contracts must bear the same rate of

interest after maturity as they bear before maturity. A charge for a late payment penalty may be

imposed only if the amount of the late charge or the method of calculation of the late charge has

been agreed to by the parties in the loan documents that are signed by the borrower.
N.D. Cent. Code § 47-08-01 — ND Code / Title 47 / Chapter 47-08 / Section 47-08-01
47-08-01. Things inseparably united
Status: in_force

47-08-01. Things inseparably united

When things which belong to different owners have been united so as to form a single thing

and cannot be separated without injury, the whole belongs to the owner of the thing which forms

the principal part, but such owner must reimburse the value of the residue to the other owner or

surrender the whole to the other owner.
N.D. Cent. Code § 47-15.1-03 — ND Code / Title 47 / Chapter 47-15.1 / Section 47-15.1-03
47-15.1-03. Disclosure of information
Status: in_force

47-15.1-03. Disclosure of information

1. A lessor shall include in a consumer rental purchase agreement:

a. The total number, total amount, and timing of all payments necessary to acquire

ownership of the property.

b. A statement that the consumer does not own the property until the consumer has

made the total payments necessary to acquire ownership.

c. A statement that the consumer is responsible for the fair market value of the

property at the time it is lost, stolen, damaged, or destroyed, if that is the intent of

the lessor.

d. A description of the leased property sufficient to identify the property to the

consumer and the lessor, including any identification numbers, if applicable, in a

statement indicating whether the property is new or used. A statement indicating

that the property is used when in fact it is new is not a violation of this chapter.

e. A statement of the cash price of the property. If the agreement includes a lease of

two or more items as a set, in one agreement, a statement of the aggregate cash

price of all the items is sufficient.

f. The total of initial payments paid or required to be paid at or before

consummation of the agreement or delivery of the property, whichever is later.

g. A statement that the total amount of a payment does not include other charges

such as late payment penalties; default, pickup, or reinstatement fees; and other

fees which must be separately disclosed in the contract.

h. A statement clearly summarizing the terms of the consumer's option to purchase,

including a statement that the consumer has the right to exercise any early

purchase options and the price or formula or method for determining the price at

which the property may be purchased at any given time.

i. A statement identifying the party responsible for maintaining or servicing the

property while the property is being leased, together with a description of that

responsibility, and a statement that if any part of the manufacturer's express

warranty covers the leased property at the time the consumer acquires ownership

of the property, the warranty is transferred to the consumer, if allowed by the

terms of the warranty.

j. The date of the transaction, the identification of the lessor and consumer, and the

address where the property will be primarily located during the possession of the

consumer under the consumer rental purchase agreement.

k. A statement that the consumer may terminate the agreement at any time without

penalty by voluntarily surrendering or returning the property in good repair,

ordinary wear and tear excepted, along with any payment of any past-due rent.

l. Notice of the right to reinstate an agreement as provided in this chapter.

m. A statement that the lessor is required by law to provide the consumer a written

receipt, upon request by the consumer at the lessor's place of business, for each

payment made by cash or money order.

2. A consumer rental purchase agreement must contain, immediately above or adjacent

to the place for the signature of the consumer, a clear, conspicuous, printed or

typewritten notice, in boldface, ten-point type, substantially the following language:

NOTICE TO CONSUMER - READ BEFORE SIGNING

a. DO NOT SIGN THIS BEFORE YOU READ THE ENTIRE AGREEMENT,

INCLUDING ANY WRITING ON THE REVERSE SIDE, EVEN IF TOLD YOU DO

NOT NEED TO.

b. DO NOT SIGN THIS IF IT CONTAINS ANY BLANK SPACES.

c. YOU ARE ENTITLED TO AN EXACT COPY OF ANY AGREEMENT YOU SIGN.

3. In a transaction involving more than one lessor, only one lessor is required to make the

disclosures, but all lessors are bound by the disclosures. The disclosures must be

made before the consumer rental purchase agreement is executed. The disclosures

must be made clearly and conspicuously in writing in at least eight-point type and a

copy of the disclosures and the consumer rental purchase agreement must be

provided to the consumer. If a disclosure becomes inaccurate as a result of any act or

occurrence caused by the consumer or by an agreement or consent entered into after

delivery of the required disclosures, the resulting inaccuracy is not a violation of this

chapter.

4. Compliance with the Federal Consumer Leasing Act of 1976 [Pub. L. 94-240; 90 Stat.

257; 15 U.S.C. 1601, 1640, 1667-1667e] regarding disclosures in consumer rental

purchase agreements satisfies the requirements of this section.
N.D. Cent. Code § 47-19-08 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-08
47-19-08. When instrument is deemed recorded
Status: in_force

47-19-08. When instrument is deemed recorded

An instrument is deemed to be recorded when, whether entitled to record or not, it is

deposited with the proper officer for record, if such instrument is subsequently recorded.
N.D. Cent. Code § 47-02-18 — ND Code / Title 47 / Chapter 47-02 / Section 47-02-18
47-02-18. Future estates pass
Status: in_force

47-02-18. Future estates pass

Future interests pass by succession, will, and transfer in the same manner as present

interests.
N.D. Cent. Code § 47-19-17.1 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-17.1
47-19-17.1. Persons authorized to administer oaths and take acknowledgments
Status: repealed

47-19-17.1. Persons authorized to administer oaths and take acknowledgments

Repealed by S.L. 1971, ch. 453, § 10.
N.D. Cent. Code § 47-19-31 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-31
47-19-31. Certificate of acknowledgment before commissioned officer of armed forces
Status: repealed

47-19-31. Certificate of acknowledgment before commissioned officer of armed

forces.

Repealed by S.L. 1971, ch. 453, § 10.
N.D. Cent. Code § 47-19-30 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-30
47-19-30. Certificate of acknowledgment by deputy sheriff
Status: in_force

47-19-30. Certificate of acknowledgment by deputy sheriff

All acknowledgments of deeds or other instruments in writing made by any deputy sheriff of

this state shall be made substantially in the following form:

STATE OF NORTH DAKOTA)

County of ___________ )

On this _____ day of __________, in the year ______ before me, a ________, in and

for said county, personally appeared _________, known to me to be the person who is

described in and whose name is subscribed to the within instrument as deputy sheriff of

said county and acknowledged to me that that person subscribed the name of _______

thereto as sheriff of said county and that person's own name as deputy sheriff.
N.D. Cent. Code § 47-04.1-02 — ND Code / Title 47 / Chapter 47-04.1 / Section 47-04.1-02
47-04.1-02. Recording of declaration to submit property to a project
Status: in_force

47-04.1-02. Recording of declaration to submit property to a project

When the sole owner or all the owners, or the sole lessee or all of the lessees of a lease

desire to submit a parcel of real property to a project established by this chapter, a declaration

to that effect shall be executed and acknowledged by the sole owner or lessee or all of such

owners or lessees and shall be recorded in the office of the recorder of the county in which such

property lies.
N.D. Cent. Code § 47-16-27 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-27
47-16-27. Right of tenant
Status: in_force

47-16-27. Right of tenant

A tenant for years or at will, unless the tenant is a wrongdoer by holding over, may:

1. Occupy the buildings.

2. Take the annual products of the soil.

3. Work mines and quarries open at the commencement of the tenant's tenancy.

4. Cultivate and harvest the crops growing at the end of the tenant's tenancy.

The tenant has no rights to the property other than such as are given the tenant by the

agreement or instrument by which the tenant's tenancy is acquired or by the provisions of this

section.
N.D. Cent. Code § 47-19-03 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-03
47-19-03. Prerequisites to recording instruments
Status: in_force

47-19-03. Prerequisites to recording instruments

Before an instrument can be recorded, unless it belongs to a class provided for in section

47-19-02 or 47-19-40, its execution must be established:

1. If executed by an individual, by acknowledgment by the person executing the same;

2. If executed by a corporation or limited liability company, by execution and

acknowledgment by the person or persons authorized to execute instruments under

section 47-10-05.1;

3. By proof by a subscribing witness as is provided by section 47-19-22; and

4. By proof of the handwriting of the person executing an instrument and of a subscribing

witness thereto as is prescribed by sections 47-19-23 and 47-19-24 and filing of the

original instrument in the proper office there to remain for public inspection.

Except as otherwise provided by the law of this state or the law of the state in which the

instrument or document was executed, before an instrument may be recorded, the document

and any acknowledgment must be executed with an original signature.
N.D. Cent. Code § 47-20.1-10 — ND Code / Title 47 / Chapter 47-20.1 / Section 47-20.1-10
47-20.1-10. Minimum corner requirements
Status: in_force

47-20.1-10. Minimum corner requirements

The registered land surveyor establishing or rehabilitating corner markers shall place as a

minimum acceptable marker, a durable ferromagnetic monument not less than eighteen inches

[45.72 centimeters] in length and not less than one-half inch [12.7 millimeters] in sectional

dimension driven to a survey elevation depth to which is affixed a cap bearing the center point

and the registered land surveyor's certificate number firmly impressed thereon.
N.D. Cent. Code § 47-07-14 — ND Code / Title 47 / Chapter 47-07 / Section 47-07-14
47-07-14. Museum records - Disposition of loaned or donated objects
Status: in_force

47-07-14. Museum records - Disposition of loaned or donated objects

Every nonprofit or noncounty museum in this state which is loaned or receives by donation

any object for public display or safekeeping must keep a record of those objects. The record

must indicate the owner or owners of the loaned objects and their addresses. A duplicate of the

record must be filed with the county in which the museum is located. The board of directors or

any person in charge of a museum which is closing or closed must return loaned objects to the

recorded owners. All unreturned or unclaimed objects must be retained for two years to ensure

that individuals have the opportunity to reclaim loaned objects. After that time, unclaimed

objects may be disposed of at the discretion of the board of directors or person in charge of the

museum.
N.D. Cent. Code § 47-30.2-26 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-26
47-30.2-26. (501) Notice to apparent owner by holder
Status: in_force

47-30.2-26. (501) Notice to apparent owner by holder

1. Subject to subsection 2, the holder of property presumed abandoned shall send to the

apparent owner notice by first-class United States mail that complies with section

47-30.2-27 in a format acceptable to the administrator not more than one hundred

twenty days before filing the report under section 47-30.2-21 if:

a. The holder has in the holder's records an address for the apparent owner which

the holder's records do not disclose to be invalid and is sufficient to direct the

delivery of first-class United States mail to the apparent owner; and

b. The value of the property is twenty-five dollars or more.

2. If an apparent owner has consented to receive electronic mail delivery from the holder,

the holder shall send the notice described in subsection 1 both by first-class United

States mail to the apparent owner's last-known mailing address and by electronic mail,

unless the holder believes that the apparent owner's electronic-mail address is invalid.
N.D. Cent. Code § 47-30.2-72 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-72
47-30.2-72. (1406) Security of information
Status: in_force

47-30.2-72. (1406) Security of information

1. If a holder is required to include confidential information in a report to the administrator,

the information must be provided by a secure means.

2. If confidential information in a record is provided to and maintained by the

administrator or administrator's agent as required by this chapter, the administrator or

administrator's agent shall:

a. Implement administrative, technical, and physical safeguards to protect the

security, confidentiality, and integrity of the information required by state and

federal privacy and data security law whether or not the administrator or the

administrator's agent is subject to the law;

b. Protect against reasonably anticipated threats or hazards to the security,

confidentiality, or integrity of the information; and

c. Protect against unauthorized access to or use of the information which could

result in substantial harm or inconvenience to a holder or the holder's customers,

including insureds, annuitants, and policy or contract owners and their

beneficiaries.
N.D. Cent. Code § 47-25.1-05 — ND Code / Title 47 / Chapter 47-25.1 / Section 47-25.1-05
47-25.1-05. Preservation of secrecy
Status: in_force

47-25.1-05. Preservation of secrecy

In an action under this chapter, a court shall preserve the secrecy of an alleged trade secret

by reasonable means, which may include granting protective orders in connection with

discovery proceedings, holding in camera hearings, sealing the records of the action, and

ordering any person involved in the litigation not to disclose an alleged trade secret without prior

court approval.
N.D. Cent. Code § 47-05-06 — ND Code / Title 47 / Chapter 47-05 / Section 47-05-06
47-05-06. Holding of servitude
Status: in_force

47-05-06. Holding of servitude

A servitude thereon cannot be held by the owner of the servient tenement.
N.D. Cent. Code § 47-12-06 — ND Code / Title 47 / Chapter 47-12 / Section 47-12-06
47-12-06. Use by borrower limited to anticipated purposes
Status: in_force

47-12-06. Use by borrower limited to anticipated purposes

The borrower of personal property for use may use it for such purposes only as the lender

might reasonably anticipate at the time of lending.
N.D. Cent. Code § 47-19-06 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-06
47-19-06. Death certificates - Joint tenant - Prima facie evidence of termination of estate held
Status: in_force

47-19-06. Death certificates - Joint tenant - Prima facie evidence of termination of

estate held.

In all cases of joint tenancy in lands, and in all cases where an estate, title, or interest in, or

lien upon, lands has been or may be created, which estate, title, interest, or lien was or is to

continue only during the life of any person named or described in the instrument by which the

estate, title, interest, or lien was created, a copy of the death certificate of the joint tenant or of

the person upon whose life the estate, title, interest, or lien was or is limited, duly certified by

any officer who is required by the laws of the state or country in which the record is made, to

keep a record of the death of persons occurring within the jurisdiction of the officer, may be

recorded in the office of the recorder of the county in which the lands are situated. The legal

description of any property to which the recording of the death certificate relates must be

attached to the death certificate. The certified copy of death certificate, or the record thereof in

the office, or a duly certified copy of the last mentioned record, is prima facie evidence of the

death of the person and the termination of the joint tenancy and all the estate, title, interest, and

lien as was or is limited upon the life of that person.
N.D. Cent. Code § 47-01-11 — ND Code / Title 47 / Chapter 47-01 / Section 47-01-11
47-01-11. Private ownership - Persons qualified - Citizen - Alien
Status: in_force

47-01-11. Private ownership - Persons qualified - Citizen - Alien

Except as provided in chapter 47-10.1, any person, whether citizen or alien, may take, hold,

and dispose of property, real or personal, within this state.
N.D. Cent. Code § 47-04.1-03 — ND Code / Title 47 / Chapter 47-04.1 / Section 47-04.1-03
47-04.1-03. Contents of declaration
Status: in_force

47-04.1-03. Contents of declaration

The declaration provided for in section 47-04.1-02 shall contain:

1. A description or survey map of the surface of the land included within the project.

2. Diagrammatic floor plans of the structures built or to be built thereon in sufficient detail

to identify each unit, its relative location and approximate dimensions.

3. A description of the common elements.

4. A description of the limited common elements.

5. The fractional or percentage interest which each unit bears to the entire project. The

sum of such shall be one if expressed in fractions and one hundred if expressed in

percentage.
N.D. Cent. Code § 47-10-04 — ND Code / Title 47 / Chapter 47-10 / Section 47-10-04
47-10-04. Form of covenants
Status: in_force

47-10-04. Form of covenants

The covenants mentioned in section 47-10-03 must be in substance as follows:

The party of the first part covenants with the party of the second part that the former now is

seized in fee simple of the property granted, that the latter shall enjoy the same without any

lawful disturbance, that the same is free from all encumbrances, that the party of the first

part and all persons acquiring any interest in the same through or for the party of the first

part on demand will execute and deliver to the party of the second part, at the expense of

the latter, any further assurance of the same that reasonably may be required, and that the

party of the first part will warrant to the party of the second part all the said property against

every person lawfully claiming the same.
N.D. Cent. Code § 47-24.1-03 — ND Code / Title 47 / Chapter 47-24.1 / Section 47-24.1-03
47-24.1-03. Nomination of custodian
Status: in_force

47-24.1-03. Nomination of custodian

1. A person having the right to designate the recipient of property transferable upon the

occurrence of a future event may revocably nominate a custodian to receive the

property for a minor beneficiary upon the occurrence of the event by naming the

custodian followed in substance by the words: "as custodian for __________ (name of

minor) under the North Dakota Uniform Transfers to Minors Act". The nomination may

name one or more persons as substitute custodians to whom the property must be

transferred, in the order named, if the first nominated custodian dies before the

transfer or is unable, declines, or is ineligible to serve. The nomination may be made in

a will, a trust, a deed, an instrument exercising a power of appointment, or in a writing

designating a beneficiary of contractual rights which is registered with or delivered to

the payor, issuer, or other obligor of the contractual rights.

2. A custodian nominated under this section must be a person to whom a transfer of

property of that kind may be made under subsection 1 of section 47-24.1-09.

3. The nomination of a custodian under this section does not create custodial property

until the nominating instrument becomes irrevocable or a transfer to the nominated

custodian is completed under section 47-24.1-09. Unless the nomination of a

custodian has been revoked, upon the occurrence of the future event the

custodianship becomes effective and the custodian shall enforce a transfer of the

custodial property pursuant to section 47-24.1-09.
N.D. Cent. Code § 47-24.1-11 — ND Code / Title 47 / Chapter 47-24.1 / Section 47-24.1-11
47-24.1-11. Validity and effect of transfer
Status: in_force

47-24.1-11. Validity and effect of transfer

1. The validity of a transfer made in a manner prescribed in this chapter is not affected

by:

a. Failure of the transferor to comply with subsection 3 of section 47-24.1-09

concerning possession and control;

b. Designation of an ineligible custodian, except designation of the transferor in the

case of property for which the transferor is ineligible to serve as custodian under

subsection 1 of section 47-24.1-09; or

c. Death or incapacity of a person nominated under section 47-24.1-03 or

designated under section 47-24.1-09 as custodian or the disclaimer of the office

by that person.

2. A transfer made pursuant to section 47-24.1-09 is irrevocable, and the custodial

property is indefeasibly vested in the minor, but the custodian has all the rights,

powers, duties, and authority provided in this chapter, and neither the minor nor the

minor's legal representative has any right, power, duty, or authority with respect to the

custodial property except as provided in this chapter.

3. By making a transfer, the transferor incorporates in the disposition all the provisions of

this chapter, and grants to the custodian, and to any third person dealing with a person

designated as custodian, the respective powers, rights, and immunities provided in this

chapter.
N.D. Cent. Code § 47-16-28 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-28
47-16-28. Succession to rights in real property or rent transfers
Status: reserved

47-16-28. Succession to rights in real property or rent transfers

A person to whom any real property is transferred or devised upon which rent has been

reserved, or to whom any such rent is transferred, is entitled to the same remedies for recovery

of rent, for nonperformance of any of the terms of the lease or for any waste or cause of

forfeiture as that person's grantor or devisor might have had.
N.D. Cent. Code § 47-19-23 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-23
47-19-23. Proof by handwriting - When received - Requirements
Status: in_force

47-19-23. Proof by handwriting - When received - Requirements

The execution of an instrument may be established by proof of the handwriting of the party

and of a subscribing witness, if there is one, in the following cases:

1. When the parties and all the subscribing witnesses are dead;

2. When the parties and all the subscribing witnesses are nonresidents of the state;

3. When the place of their residence is unknown to the party desiring the proof and

cannot be ascertained by the exercise of due diligence;

4. When the subscribing witness is concealed, or cannot be found by the officer by the

exercise of due diligence in attempting to serve a subpoena or attachment; or

5. In case of the continued failure or refusal of the witness to testify for the space of one

hour after the witness's appearance.
N.D. Cent. Code § 47-30.2-68 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-68
47-30.2-68. (1301) When agreement to locate property enforceable
Status: in_force

47-30.2-68. (1301) When agreement to locate property enforceable

An agreement by an apparent owner and another person, the primary purpose of which is to

locate, deliver, recover, or assist in the location, delivery, or recovery of property held by the

administrator, is enforceable only if:

1. The person who entered into the agreement with the apparent owner is in compliance

with chapter 43-30; and

2. The agreement:

a. Is in writing;

b. Clearly states the nature of the property and the services to be provided;

c. States the amount of the fee or other compensation to be paid, which may not be

in excess of ten percent of the amount recovered;

d. Discloses that, absent the agreement, the property would be delivered to a state-

administered unclaimed property program for safekeeping on the owner's behalf

and upon delivery, the owner may be able to recover the property from the state-

administered program without charge; and

e. Is signed by or on behalf of the apparent owner.
N.D. Cent. Code § 47-22-09 — ND Code / Title 47 / Chapter 47-22 / Section 47-22-09
47-22-09. Classification
Status: in_force

47-22-09. Classification

The following general classes of goods and services are established for convenience of

administration of this chapter, but not to limit or extend the applicant's or registrant's rights, and

a single application for registration of a mark may include any or all goods upon which, or

services with which, the mark is actually being used.

The said classes are as follows:

1. Goods.

a. Raw or partly prepared materials.

b. Receptacles.

c. Baggage, animal equipment, portfolios, and pocketbooks.

d. Abrasives and polishing materials.

e. Adhesives.

f. Chemicals and chemical compositions.

g. Cordage.

h. Smokers' articles, not including tobacco products.

i. Explosives, firearms, equipments, and projectiles.

j. Fertilizers.

k. Inks and inking materials.

l. Construction materials.

m. Hardware and plumbing and steam-fitting supplies.

n. Metals and metal castings and forgings.

o. Oils and greases.

p. Paints and painters' materials.

q. Tobacco products.

r. Medicines and pharmaceutical preparations.

s. Vehicles.

t. Linoleum and oiled cloth.

u. Electrical apparatus, machines, and supplies.

v. Games, toys, and sporting goods.

w. Cutlery, machinery, and tools, and parts thereof.

x. Laundry appliances and machines.

y. Locks and safes.

z. Measuring and scientific appliances.

aa. Horological instruments.

bb. Jewelry and precious-metal ware.

cc. Brooms, brushes, and dusters.

dd. Crockery, earthenware, and porcelain.

ee. Filters and refrigerators.

ff. Furniture and upholstery.

gg. Glassware.

hh. Heating, lighting, and ventilating apparatus.

ii. Belting, hose, machinery packing, and nonmetallic tires.

jj. Musical instruments and supplies.

kk. Paper and stationery.

ll. Prints and publications.

mm. Clothing.

nn. Fancy goods, furnishings, and notions.

oo. Canes, parasols, and umbrellas.

pp. Knitted, netted, and textile fabrics, and substitutes therefor.

qq. Thread and yarn.

rr. Dental, medical, and surgical appliances.

ss. Soft drinks and carbonated waters.

tt. Foods and ingredients of foods.

uu. Wines.

vv. Malt beverages and liquors.

ww. Distilled alcoholic liquors.

xx. Merchandise not otherwise classified.

yy. Cosmetics and toilet preparations.

zz. Detergents and soaps.

2. Services.

a. Miscellaneous.

b. Advertising and business.

c. Insurance and financial.

d. Construction and repair.

e. Communications.

f. Transportation and storage.

g. Material treatment.

h. Education and entertainment.
N.D. Cent. Code § 47-10-02 — ND Code / Title 47 / Chapter 47-10 / Section 47-10-02
47-10-02. Sale of realty - Duty of seller
Status: in_force

47-10-02. Sale of realty - Duty of seller

An agreement to sell real property binds the seller to execute a conveyance in form

sufficient to pass the title to the property.
N.D. Cent. Code § 47-11-03 — ND Code / Title 47 / Chapter 47-11 / Section 47-11-03
47-11-03. When title passes
Status: repealed

47-11-03. When title passes

Repealed by S.L. 1971, ch. 452, § 3.
N.D. Cent. Code § 47-19-43 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-43
47-19-43. Purchaser defined
Status: in_force

47-19-43. Purchaser defined

The word "purchaser" as used in section 47-19-41 shall include every person to whom any

estate or interest in real estate is conveyed for a valuable consideration, and also every

assignee of a mortgage, lease, or other conditional estate.
N.D. Cent. Code § 47-19-54 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-54
47-19-54. Sale of real property by contract for deed - Effect on joint tenants
Status: in_force

47-19-54. Sale of real property by contract for deed - Effect on joint tenants

Any contract for deed for the sale of real property held in joint tenancy shall not have the

effect of dissolving the joint tenancy relationship of the vendors if such contract for deed is

executed by all the joint tenants unless otherwise specifically provided in the instrument.
N.D. Cent. Code § 47-30.2-31 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-31
47-30.2-31. (602) Dormancy charge
Status: in_force

47-30.2-31. (602) Dormancy charge

1. A holder may deduct a dormancy charge from property required to be paid or delivered

to the administrator if:

a. An enforceable written contract between the holder and the apparent owner

authorizes imposition of the charge for the apparent owner's failure to claim the

property within a specified time; and

b. The holder regularly imposes the charge and regularly does not reverse or

otherwise cancel the charge.

2. Charges authorized under this section may only be charged until the respective

property is deemed abandoned.
N.D. Cent. Code § 47-18-12 — ND Code / Title 47 / Chapter 47-18 / Section 47-18-12
47-18-12. Division of homestead
Status: in_force

47-18-12. Division of homestead

If from the appraisers' report it appears that the real property claimed as a homestead can

be divided without material injury, the court, by an order, shall direct the appraisers to set off to

the claimant so much of the real property, including the residence, as will amount in value to the

homestead exemption. The execution may be enforced against the remainder of the real

property.
N.D. Cent. Code § 47-02-03 — ND Code / Title 47 / Chapter 47-02 / Section 47-02-03
47-02-03. Qualified ownership defined
Status: in_force

47-02-03. Qualified ownership defined

The ownership of property is qualified:

1. When it is shared with one or more persons;

2. When the time of enjoyment is deferred or limited; or

3. When the use is restricted.
N.D. Cent. Code § 47-11-08 — ND Code / Title 47 / Chapter 47-11 / Section 47-11-08
47-11-08. Gift irrevocable - Exception
Status: in_force

47-11-08. Gift irrevocable - Exception

A gift, other than a gift in view of death, cannot be revoked by the giver.
N.D. Cent. Code § 47-01-22 — ND Code / Title 47 / Chapter 47-01 / Section 47-01-22
47-01-22. Temporary easements to contain fixed termination date
Status: in_force

47-01-22. Temporary easements to contain fixed termination date

Whenever a temporary easement is acquired by the state or any of its agencies,

departments, or institutions, or any political subdivision of the state in connection with highway

or road construction or for any other purpose, a fixed date of termination shall be stated in such

temporary easement, which date shall not be more than five years from the date of the

easement.
N.D. Cent. Code § 47-09-05 — ND Code / Title 47 / Chapter 47-09 / Section 47-09-05
47-09-05. Names of transfers by writing
Status: in_force

47-09-05. Names of transfers by writing

A transfer in writing is called a grant, or conveyance, or bill of sale. The term "grant" in this

title includes all these instruments unless it is specially applied to real property.
N.D. Cent. Code § 47-10-06 — ND Code / Title 47 / Chapter 47-10 / Section 47-10-06
47-10-06. Form of grant
Status: in_force

47-10-06. Form of grant

A grant of an estate in real property may be made in substance as follows:

This grant made the ________ day of ______, in the year of ______, between A.B., of

______, of the first part, and C.D., of ______, of the second part, witnesseth: That the

party of the first part hereby grants to the party of the second part in consideration of

______ dollars, now received, all the real property situated in ______, and bounded

(or described) as follows:

_____________________________

Witness the hand of the party of the first part.

A.B.
N.D. Cent. Code § 47-18-05.1 — ND Code / Title 47 / Chapter 47-18 / Section 47-18-05.1
47-18-05.1. Waiver of homestead exemption - Notice required - Exemption for platted property
Status: in_force

47-18-05.1. Waiver of homestead exemption - Notice required - Exemption for platted

property.

1. A mortgage on a homestead which is executed after June 30, 1991, and which is not a

purchase money contract must contain the following statement printed in a

conspicuous manner:

I understand that homestead property is in many cases protected from the claims

of creditors and exempt from judicial sale and that, by signing this contract, I

voluntarily give up my right to this protection for this property with respect to

claims based upon this contract.

This statement must be immediately followed by the date and the signature of the

person to indicate that the person is specifically and knowingly waiving the exemption,

which must be a separate signature from that person's signature to the entire

mortgage contract.

2. This section does not apply to a mortgage on property less than forty acres [16.19

hectares].
N.D. Cent. Code § 47-04-10 — ND Code / Title 47 / Chapter 47-04 / Section 47-04-10
47-04-10. Remainder defined
Status: in_force

47-04-10. Remainder defined

When a future estate, other than a reversion, is dependent on a precedent estate, it may be

called a remainder and may be created and transferred by that name.
N.D. Cent. Code § 47-37-01 — ND Code / Title 47 / Chapter 47-37 / Section 47-37-01
47-37-01. Definitions
Status: in_force

47-37-01. Definitions

1. "Activity and use limitations" means restrictions or obligations created under this

chapter with respect to real property.

2. "Agency" means the department of environmental quality or any other state or federal

agency that determines or approves the environmental response project pursuant to

which the environmental covenant is created.

3. "Common interest community" means a condominium, cooperative, or other real

property with respect to which a person, by virtue of the person's ownership of a parcel

of real property, is obligated to pay property taxes or insurance premiums, or for

maintenance, or improvement of other real property described in a recorded covenant

that creates the common interest community.

4. "Environmental covenant" means a servitude arising under an environmental response

project that imposes activity and use limitations.

5. "Environmental response project" means a plan or work performed for environmental

remediation of real property and conducted:

a. Under a federal or state program governing environmental remediation of real

property, including chapters 23.1-04, 23.1-08, and 61-28;

b. Incident to closure of a solid or hazardous waste management unit, if the closure

is conducted with approval of an agency; or

c. Under a state voluntary cleanup program authorized under title 23.1.

6. "Holder" means the grantee of an environmental covenant as specified in subsection 1

of section 47-37-02.

7. "Person" means an individual, corporation, business trust, estate, trust, partnership,

limited liability company, association, joint venture, public corporation, government,

governmental subdivision, agency, or instrumentality, or any other legal or commercial

entity.

8. "Record", used as a noun, means information inscribed on a tangible medium or

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

9. "State" means a state of the United States, the District of Columbia, Puerto Rico, the

United States Virgin Islands, or any territory or insular possession subject to the

jurisdiction of the United States.
N.D. Cent. Code § 47-01-20 — ND Code / Title 47 / Chapter 47-01 / Section 47-01-20
47-01-20. Extent of ownership - Products and accessions
Status: in_force

47-01-20. Extent of ownership - Products and accessions

The owner of a thing also owns all its products and accessions.
N.D. Cent. Code § 47-30.2-69 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-69
47-30.2-69. (1302) When agreement to locate property void
Status: in_force

47-30.2-69. (1302) When agreement to locate property void

1. An agreement to locate property is void if:

a. Subject to subdivision b, the agreement is entered into during the period

beginning on the date the property was presumed abandoned and ending twenty-

four months after the payment or delivery; or

b. A provision in an agreement described in subdivision a applies to property that

has not yet been abandoned and reported to the administrator, including mineral

proceeds.

2. This section does not apply to an apparent owner's agreement with an attorney to

pursue a claim for recovery of specifically identified property held by the administrator

or to contest the administrator's denial of a claim for recovery of the property.
N.D. Cent. Code § 47-04-32 — ND Code / Title 47 / Chapter 47-04 / Section 47-04-32
47-04-32. Covenant may not prohibit display of political signs
Status: in_force

47-04-32. Covenant may not prohibit display of political signs

Notwithstanding any provision in a covenant, a covenant running with the land may not

prohibit the outdoor display of a political yard sign by the owner or a resident on the owner's

property within sixty days before any primary, general, or special election. A covenant may

include reasonable rules regarding the placement and manner of display of political signs.
N.D. Cent. Code § 47-25.1-04 — ND Code / Title 47 / Chapter 47-25.1 / Section 47-25.1-04
47-25.1-04. Attorney's fees
Status: in_force

47-25.1-04. Attorney's fees

If a claim of misappropriation is made in bad faith, a motion to terminate an injunction is

made or resisted in bad faith, or willful and malicious misappropriation exists, the court may

award reasonable attorney's fees to the prevailing party.
N.D. Cent. Code § 47-36-14 — ND Code / Title 47 / Chapter 47-36 / Section 47-36-14
47-36-14. Fiduciary duty and authority
Status: in_force

47-36-14. Fiduciary duty and authority

1. The legal duties imposed on a fiduciary charged with managing tangible property apply

to the management of digital assets, including:

a. The duty of care;

b. The duty of loyalty; and

c. The duty of confidentiality.

2. A fiduciary's or designated recipient's authority with respect to a digital asset of a user:

a. Is subject to the applicable terms of service except as otherwise provided in

subsection 4;

b. Is subject to other applicable law, including copyright law;

c. In the case of a fiduciary, is limited by the scope of the fiduciary's duties; and

d. May not be used to impersonate the user.

3. A fiduciary with authority over the property of a decedent, protected person, principal,

or settlor has the right to access any digital asset in which the decedent, protected

person, principal, or settlor had a right or interest and which is not held by a custodian

or subject to a terms-of-service agreement.

4. A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the

property of the decedent, protected person, principal, or settlor for the purpose of

applicable computer fraud and unauthorized computer access laws, including

applicable law on unauthorized computer access.

5. A fiduciary with authority over the tangible, personal property of a decedent, protected

person, principal, or settlor:

a. Has the right to access the property and any digital asset stored in it; and

b. Is an authorized user for the purpose of computer fraud and unauthorized

computer access laws, including applicable law on unauthorized computer

access.

6. A custodian may disclose information in an account to a fiduciary of the user when the

information is required to terminate an account used to access digital assets licensed

to the user.

7. A fiduciary of a user may request a custodian to terminate the user's account. A

request for termination must be in writing, in either physical or electronic form, and

accompanied by:

a. A certified copy of the death certificate of the user if the user is deceased;

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

affidavit or court order, court order, power of attorney, or trust giving the fiduciary

authority over the account; and

c. If requested by the custodian:

(1) A number, username, address, or other unique subscriber or account

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

(2) Evidence linking the account to the user; or

(3) A finding by the court that the user had a specific account with the

custodian, identifiable by the information specified in paragraph 1.
N.D. Cent. Code § 47-10.2-01 — ND Code / Title 47 / Chapter 47-10.2 / Section 47-10.2-01
47-10.2-01. Definitions
Status: in_force

47-10.2-01. Definitions

In sections 47-10.2-01 through 47-10.2-03, unless the context or subject matter otherwise

requires:

1. "Borrower" means the obligor under a residential mortgage held by a mortgagee.

2. "Servicer" means a person or entity maintaining an escrow account for a residential

mortgagee.

3. "Surplus amount" means from the annual escrow account analysis, any amount

greater than or equal to fifty dollars, excluding any escrow cushion required by the

servicer.
N.D. Cent. Code § 47-22-06.1 — ND Code / Title 47 / Chapter 47-22 / Section 47-22-06.1
47-22-06.1. Change of name or address of registrant
Status: in_force

47-22-06.1. Change of name or address of registrant

Any registrant that effects a name change must record that name change with the secretary

of state. The secretary of state must record the name change upon the payment of a fee of thirty

dollars and filing of the following:

1. A notarized statement reciting the name change if the registrant is an individual.

2. A certificate of fact reciting the name change duly authenticated by the proper officer of

the state or country if the registrant is a corporation, limited liability company, limited

partnership, limited liability partnership, or limited liability limited partnership

incorporated or organized in another state or country and does not have a certificate of

authority to transact business in North Dakota.

3. An amendment or application for amended certificate of authority for a registrant that is

a corporation, limited liability company, limited partnership, limited liability partnership,

or limited liability limited partnership registered with the secretary of state.

The secretary of state shall issue a certificate in the new name of the registrant for the

remainder of the term of the registration or of the last renewal thereof.

A registrant must notify the secretary of state when effecting a change of address. A

corporate annual report or limited partnership renewal filed by the secretary of state that reflects

a change of address of the principal place of business of a registrant may serve as such notice.
N.D. Cent. Code § 47-10-23 — ND Code / Title 47 / Chapter 47-10 / Section 47-10-23
47-10-23. Transfer by grantor to the grantor and another in joint tenancy
Status: in_force

47-10-23. Transfer by grantor to the grantor and another in joint tenancy

Any person, firm, corporation, or limited liability company owning a legal or equitable title to

or interest in any real property in the state of North Dakota may sell, transfer, and convey the

same as grantor to the grantor and any other person, firm, corporation, or limited liability

company, including the spouse of said grantor, in joint tenancy, with right of survivorship, without

the necessity of any transfer or conveyance to or through any third person.
N.D. Cent. Code § 47-09-03 — ND Code / Title 47 / Chapter 47-09 / Section 47-09-03
47-09-03. Voluntary transfer defined - Consideration unnecessary
Status: in_force

47-09-03. Voluntary transfer defined - Consideration unnecessary

A voluntary transfer is an executed contract, subject to all rules of law concerning contracts

in general except that a consideration is not necessary to its validity.
N.D. Cent. Code § 47-25.1-03 — ND Code / Title 47 / Chapter 47-25.1 / Section 47-25.1-03
47-25.1-03. Damages
Status: in_force

47-25.1-03. Damages

1. Except to the extent that a material and prejudicial change of position prior to acquiring

knowledge or reason to know of misappropriation renders a monetary recovery

inequitable, a complainant is entitled to recover damages for misappropriation.

Damages can include both the actual loss caused by misappropriation and the unjust

enrichment caused by misappropriation that is not taken into account in computing

actual loss. In lieu of damages measured by any other method, the damages caused

by misappropriation may be measured by imposition of liability for a reasonable royalty

for a misappropriator's unauthorized disclosure or use of a trade secret.

2. If willful and malicious misappropriation exists, the court may award exemplary

damages in an amount not exceeding twice any award made under subsection 1.
N.D. Cent. Code § 47-06-01 — ND Code / Title 47 / Chapter 47-06 / Section 47-06-01
47-06-01. Title by occupancy
Status: in_force

47-06-01. Title by occupancy

Occupancy for any period confers a title sufficient against all except the state and those who

have title by prescription, accession, transfer, will, or succession.
N.D. Cent. Code § 47-33-03 — ND Code / Title 47 / Chapter 47-33 / Section 47-33-03
47-33-03. Liability for violation
Status: in_force

47-33-03. Liability for violation

Any person that records or enters an agreement imposing a private transfer fee obligation in

that person's favor on or after August 1, 2011, is liable for any and all damages resulting from

the imposition of the transfer fee obligation on the transfer of an interest in the real property,

including the amount of any transfer fee paid by a party to the transfer, and all attorney's fees,

expenses, and costs incurred by a party to the transfer or mortgagee of the real property to

recover any transfer fee paid or in connection with an action to quiet title. If an agent acts on

behalf of a principal to record or secure a private transfer fee obligation, liability is deemed

assessed to the principal, rather than the agent.
N.D. Cent. Code § 47-18-28 — ND Code / Title 47 / Chapter 47-18 / Section 47-18-28
47-18-28. Appeal from order to district court
Status: in_force

47-18-28. Appeal from order to district court

On the hearing of an application, such as is provided in section 47-18-23, any of the kindred

of the mentally ill person may appear and be heard in the premises and may appeal from any

order made on the subject to the district court for the county in which the land is situated.
N.D. Cent. Code § 47-08-05 — ND Code / Title 47 / Chapter 47-08 / Section 47-08-05
47-08-05. Thing made from another's materials
Status: in_force

47-08-05. Thing made from another's materials

If one makes a thing from materials belonging to another, the latter may claim the thing on

reimbursing the value of the workmanship unless the value of the workmanship exceeds the

value of the materials, in which case the thing belongs to the maker, on reimbursing the value of

the materials.
N.D. Cent. Code § 47-16-13 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-13
47-16-13. When lessee may repair or vacate premises
Status: in_force

47-16-13. When lessee may repair or vacate premises

If within a reasonable time after notice from the lessee of dilapidations which the lessor

ought to repair the lessor neglects to do so, the lessee may:

1. Repair the premises and deduct the expense of such repair from the rent;

2. Recover it in any other lawful manner from the lessor; or

3. Vacate the premises, in which case the lessee shall be discharged from further

payment of rent or performance of other conditions.
N.D. Cent. Code § 47-18-29 — ND Code / Title 47 / Chapter 47-18 / Section 47-18-29
47-18-29. Homestead may be devised subject to homestead estate
Status: in_force

47-18-29. Homestead may be devised subject to homestead estate

Subject to the homestead estate as defined by law and the payment of decedent's debts,

the homestead may be devised to persons other than those mentioned in section 30-16-04 like

other real property of the testator.
N.D. Cent. Code § 47-01-10 — ND Code / Title 47 / Chapter 47-01 / Section 47-01-10
47-01-10. State ownership - Property appropriated or dedicated - Property having no owner
Status: in_force

47-01-10. State ownership - Property appropriated or dedicated - Property having no

owner.

The state is the owner of all property lawfully appropriated or dedicated to its own use and

of all property of which there is no other owner.
N.D. Cent. Code § 47-31-07 — ND Code / Title 47 / Chapter 47-31 / Section 47-31-07
47-31-07. Application
Status: in_force

47-31-07. Application

This chapter does not affect transactions before April 9, 2009, that severed pore space from

title to the surface estate.
N.D. Cent. Code § 47-24.1-06 — ND Code / Title 47 / Chapter 47-24.1 / Section 47-24.1-06
47-24.1-06. Other transfer by fiduciary
Status: in_force

47-24.1-06. Other transfer by fiduciary

1. Subject to subsection 3, a personal representative or trustee may make an irrevocable

transfer to another adult or trust company as custodian for the benefit of a minor

pursuant to section 47-24.1-09, in the absence of a will or under a will or trust that

does not contain an authorization to do so.

2. Subject to subsection 3, a conservator may make an irrevocable transfer to another

adult or trust company as custodian for the benefit of the minor pursuant to section

47-24.1-09.

3. A transfer under subsection 1 or 2 may be made only if:

a. The personal representative, trustee, or conservator considers the transfer to be

in the best interest of the minor;

b. The transfer is not prohibited by or inconsistent with provisions of the applicable

will, trust agreement, or other governing instrument; and

c. The transfer is authorized by the court if it exceeds ten thousand dollars in value.
N.D. Cent. Code § 47-29-01 — ND Code / Title 47 / Chapter 47-29 / Section 47-29-01
47-29-01. Recording master form
Status: in_force

47-29-01. Recording master form

An instrument containing a form or forms of covenants, conditions, obligations, powers, and

other clauses of a mortgage or deed of trust may be recorded in the office of recorder of any

county and the recorder of such county, upon the request of any person, on tender of the lawful

fees therefor, shall record the same in the recorder's registry. Every such instrument shall be

entitled on the face thereof as a "Master form recorded by __________________________

(name of person causing the instrument to be recorded)". Except as otherwise provided for in

this chapter, such mortgage or deed of trust instruments shall meet all other requirements for

recording.
N.D. Cent. Code § 47-27-01 — ND Code / Title 47 / Chapter 47-27 / Section 47-27-01
47-27-01. Fence gates to be closed
Status: in_force

47-27-01. Fence gates to be closed

A person who opens a gate or bars in a fence enclosing farm premises shall not leave such

gate or bars open unless that person is in lawful possession of the premises.
N.D. Cent. Code § 47-18-22 — ND Code / Title 47 / Chapter 47-18 / Section 47-18-22
47-18-22. Conveyance in case of mental illness
Status: in_force

47-18-22. Conveyance in case of mental illness

If either the husband or wife of the owner of a homestead becomes mentally ill, the district

court serving the county in which the homestead is situated may make an order, upon

application of the owner, or if the owner is deceased, the administrator or executor or legal

representative of the owner, and upon due proof of such mental illness, permitting the owner, or

if the owner is deceased, the administrator or executor or legal representative of the owner, to

sell and convey or mortgage the homestead.
N.D. Cent. Code § 47-34-04 — ND Code / Title 47 / Chapter 47-34 / Section 47-34-04
47-34-04. Civil damages
Status: in_force

47-34-04. Civil damages

In addition to any other cause of action that may exist, a person may bring a cause of action

against a person that violates section 47-34-02. In addition to any actual damages a plaintiff

may prove, a person that violates section 47-34-02 is liable to the plaintiff for five hundred

dollars per violation in the first action. In any subsequent action for violation of section 47-34-02,

a person is liable for one thousand dollars per violation.
N.D. Cent. Code § 47-04.1-12 — ND Code / Title 47 / Chapter 47-04.1 / Section 47-04.1-12
47-04.1-12. Other liens - Removal from - Part payment
Status: in_force

47-04.1-12. Other liens - Removal from - Part payment

Subsequent to recording the declaration provided for in section 47-04.1-02 and while the

property remains enrolled as a condominium project, no lien shall thereafter arise or be effective

against the property. During such period liens or encumbrances shall arise or be created only

against the individual units and general common elements and limited common elements where

applicable, appurtenant to such unit, in the same manner and under the same conditions in

every respect as liens or encumbrances may arise or be created upon or against any other

separate parcel of real property subject to individual ownership.

In the event a lien against two or more units becomes effective, the owners of the separate

units may remove their unit and the general common elements and limited common elements,

where applicable, appurtenant to such unit from the lien by payment of the fractional or

proportional amounts attributable to each of the units affected. Such individual payments shall

be computed by reference to the fractions or percentages appearing on the declaration provided

for in section 47-04.1-02 and bylaws annexed thereto. Subsequent to any such payment,

discharge, or other satisfaction the individual unit and the general common elements and limited

common elements applicable appurtenant thereto shall thereafter be free and clear of the lien

so paid, satisfied, or discharged. Such partial payment, satisfaction, or discharge shall not

prevent the lienor from proceeding to enforce the lienor's rights against any unit and the general

common elements and limited common elements, where applicable, appurtenant thereto not so

paid, satisfied, or discharged.
N.D. Cent. Code § 47-02-22 — ND Code / Title 47 / Chapter 47-02 / Section 47-02-22
47-02-22. Conditions of ownership - Definition
Status: in_force

47-02-22. Conditions of ownership - Definition

The time when the enjoyment of property is to begin or end may be determined by

computation or made to depend on events. In the latter case, the enjoyment is said to be upon

condition.
N.D. Cent. Code § 47-09-17 — ND Code / Title 47 / Chapter 47-09 / Section 47-09-17
47-09-17. Present interest and benefit - When taken
Status: in_force

47-09-17. Present interest and benefit - When taken

A present interest and the benefit of a condition or covenant respecting property may be

taken by any natural person under a grant although not named a party thereto.
N.D. Cent. Code § 47-10-02.3 — ND Code / Title 47 / Chapter 47-10 / Section 47-10-02.3
47-10-02.3. Required disclosures - Seller to provide
Status: in_force

47-10-02.3. Required disclosures - Seller to provide

1. As used in this section:

a. "Condominium" has the same meaning as provided under section 47-04.1-01.

b. "Condominium project" means a real property development or plan consisting of

a condominium.

c. "Homeowners' association" means an organization making and enforcing rules

and guidelines for a residential subdivision or planned community.

2. By a mutually agreed upon date or within ten days of executing an agreement to sell or

transfer a property subject to the rules and regulations of a homeowners' association

or condominium project, the seller shall disclose in writing to a prospective buyer:

a. A statement describing the amount of the periodic common expense assessment,

maintenance fees, or other charges and any unpaid common expenses or special

assessments currently due and payable from the seller;

b. The amount of approved special assessments;

c. A copy of the bylaws, amendments, supplemental declarations, rules, or

regulations of the homeowners' association or condominium project, official

minutes from the last two meetings of the association or condominium project,

and the declaration other than the plats and plans;

d. The amount of reserve and capital funds available and committed to current or

pending projects of the homeowners' association or condominium project;

e. Whether the homeowners' association or condominium project uses a reserve

study;

f. The current operating and reserve budgets and year-to-date financial statement

of the homeowners' association or condominium project and of any portions of

those reserves designated by the association or condominium project for any

specified projects;

g. Any insurance documents indicating coverage provided by a homeowners'

association or condominium project;

h. A statement of any unsatisfied judgments against the homeowners' association or

the condominium project and the status of any pending lawsuits in which the

association or project is a defendant, excluding routine assessment collections;

i. Notice of any homeowners' association or condominium project alleged and

uncured violations pertaining to the home or unit;

j. Any fees relating to the transfer of ownership or other transactions;

k. A statement of the remedies available to the homeowners' association or

condominium project as a result of nonpayment;

l. The assessment collection policy;

m. Notice of any homeowners' association or condominium project restrictions

related to the leasing of a unit;

n. A list of homeowners' association or condominium project amenities; and

o. The contact information for the homeowners' association or condominium project

or community association manager.

3. The documents provided under subsection 2 must include information from at least the

ninety days immediately preceding the effective date of the agreement to sell or

transfer a property.

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

based on the disclosed information under subsection 1.

5. The homeowners' association or condominium project, within ten days after a request

by a seller, or the seller's authorized representative, shall furnish the documents

required under subsection 2. The homeowners' association or condominium project

may charge a reasonable fee, which must be disclosed before the final acceptance of

a purchase agreement, for furnishing any homeowners' association or condominium

project documents under subsection 2. If the requested documents under subsection 2

are not available, the homeowners' association or condominium project shall notify the

seller of the unavailability of the documents, provided the documents are not the

information requested under subdivisions a, b, d, and f of subsection 2.

6. A buyer is not liable for any unpaid assessment or fee greater than the amount

provided in the documents prepared by the homeowners' association or condominium

project. A seller is not liable to a buyer for the failure or delay of the homeowners'

association or condominium project to provide the documents in a timely manner, but

the purchase contract is voidable by the buyer until the documents have been

provided and for five days after receipt of the documents or until conveyance,

whichever occurs first.

7. If, after delivering the homeowners' association or condominium project information to

the buyer or the buyer's agent and before the date of closing for the property or the

date of possession of the property, whichever comes first, the seller becomes aware of

any change of material fact that would affect the information, the seller must furnish a

written amendment disclosing the change of material fact.
N.D. Cent. Code § 47-37-05 — ND Code / Title 47 / Chapter 47-37 / Section 47-37-05
47-37-05. Relationship to other land-use law
Status: in_force

47-37-05. Relationship to other land-use law

This chapter does not authorize a use of real property which is otherwise prohibited by

zoning, by law other than this chapter regulating use of real property, or by a recorded

instrument that has priority over the environmental covenant. An environmental covenant may

prohibit or restrict uses of real property which are authorized by zoning or by law other than this

chapter.
N.D. Cent. Code § 47-15-06 — ND Code / Title 47 / Chapter 47-15 / Section 47-15-06
47-15-06. Title to products
Status: in_force

47-15-06. Title to products

The products of personal property hired, during the hiring, belong to the hirer.
N.D. Cent. Code § 47-19-01 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-01
47-19-01. Instruments entitled to record
Status: in_force

47-19-01. Instruments entitled to record

Any instrument affecting the title to or possession of real property may be recorded as

provided in this chapter.
N.D. Cent. Code § 47-01-18 — ND Code / Title 47 / Chapter 47-01 / Section 47-01-18
47-01-18. Lateral and adjacent support
Status: in_force

47-01-18. Lateral and adjacent support

Each coterminous owner is entitled to the lateral and adjacent support which that owner's

land receives from the adjoining land, subject to the right of the owner of the adjoining land to

make proper and usual excavations on the same for purposes of construction on using ordinary

care and skill, taking precautions to sustain the land of the other, and giving previous

reasonable notice to the other of the intention to make such excavations.
N.D. Cent. Code § 47-10-21 — ND Code / Title 47 / Chapter 47-10 / Section 47-10-21
47-10-21. Reservation of coal limited to description
Status: repealed

47-10-21. Reservation of coal limited to description

Repealed by S.L. 1979, ch. 187, § 108.
N.D. Cent. Code § 47-10-22 — ND Code / Title 47 / Chapter 47-10 / Section 47-10-22
47-10-22. Reservation without description ineffectual
Status: repealed

47-10-22. Reservation without description ineffectual

Repealed by S.L. 1979, ch. 187, § 108.
N.D. Cent. Code § 47-30.2-30 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-30
47-30.2-30. (601) Definition of good faith
Status: in_force

47-30.2-30. (601) Definition of good faith

In sections 47-30.2-30, 47-30.2-31, 47-30.2-32, 47-30.2-33, 47-30.2-34, 47-30.2-35,

47-30.2-36, 47-30.2-37, and 47-30.2-38, payment or delivery of property is made in good faith if

a holder:

1. Had a reasonable basis for believing, based on the facts then known, that the property

was required or permitted to be paid or delivered to the administrator under this

chapter; or

2. Made payment or delivery:

a. In response to a demand by the administrator or administrator's agent; or

b. Under a guidance or ruling issued by the administrator which the holder

reasonably believed required or permitted the property to be paid or delivered.
N.D. Cent. Code § 47-10-01 — ND Code / Title 47 / Chapter 47-10 / Section 47-10-01
47-10-01. Method of transfer
Status: in_force

47-10-01. Method of transfer

An estate in real property, other than an estate at will or for a term not exceeding one year,

can be transferred only by operation of law or by an instrument in writing, subscribed by the

party disposing of the same or by the party's agent thereunto authorized by writing. This does

not abridge the power of any court to compel the specific performance of any agreement for the

sale of real property in case of part performance thereof.
N.D. Cent. Code § 47-30.2-74 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-74
47-30.2-74. (1503) Transitional provision - Effect of new provisions - Clarification of application
Status: in_force

47-30.2-74. (1503) Transitional provision - Effect of new provisions - Clarification of

application.

1. This chapter does not relieve a holder of a duty that arose before July 1, 2021, to

report, pay, or deliver property. A holder that fails to comply with the law in effect before

July 1, 2021, is subject to the applicable enforcement and penalty provisions that

existed before July 1, 2021, and the applicable provisions are continued in effect for

the purpose of this subsection.

2. The initial report filed under this chapter for property that was not required to be

reported before July 1, 2021, but which is subject to this chapter must include all items

of property that would have been presumed abandoned during the ten-year period

preceding July 1, 2021, as if this chapter had been in effect during that period.
N.D. Cent. Code § 47-21.2-06 — ND Code / Title 47 / Chapter 47-21.2 / Section 47-21.2-06
47-21.2-06. Application
Status: in_force

47-21.2-06. Application

This chapter does not apply to contracts between copyright owners or performing rights

societies and broadcasters licensed by the federal communications commission or to contracts

with cable operators, programmers, or other transmission services. In addition, this chapter

does not apply to musical works performed in synchronization with an audiovisual film or tape.

This chapter does not apply to investigations by law enforcement officers or other persons

concerning a suspected violation of section 47-21.1-03.
N.D. Cent. Code § 47-18-01 — ND Code / Title 47 / Chapter 47-18 / Section 47-18-01
47-18-01. Homestead exemption - Area and value
Status: in_force

47-18-01. Homestead exemption - Area and value

The homestead of any individual, whether married or unmarried, residing in this state

consists of the land upon which the claimant resides, and the dwelling house on that land in

which the homestead claimant resides, with all its appurtenances, and all other improvements

on the land, the total not to exceed one hundred fifty thousand dollars in value, over and above

liens or encumbrances or both. The homestead shall be exempt from judgment lien and from

execution or forced sale, except as otherwise provided in this chapter. The homestead may not

embrace different lots or tracts of land unless the lots or tracts of land are contiguous. For

purposes of this section, "contiguous" means two or more tracts of real property which share a

common point or which would share a common point but for an intervening road or right of way.
N.D. Cent. Code § 47-19-20 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-20
47-19-20. Identity of person acknowledging - Proof required
Status: in_force

47-19-20. Identity of person acknowledging - Proof required

The acknowledgment of an instrument must not be taken unless the officer taking it knows

or has satisfactory evidence on the oath or affirmation of a credible witness that the person

making the acknowledgment is the individual who is described in and who executed the

instrument, or if executed by a corporation or limited liability company, that the officer or

manager making such acknowledgment is authorized to make it as provided in section

47-10-05.1.
N.D. Cent. Code § 47-16-07.6 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-07.6
47-16-07.6. Service animals - Housing - Penalties for furnishing fraudulent disability documentation
Status: in_force

47-16-07.6. Service animals - Housing - Penalties for furnishing fraudulent disability

documentation.

1. An individual is guilty of an infraction if the individual, in an attempt to obtain a

reasonable housing accommodation under section 47-16-07.5, knowingly makes a

false claim of having a disability that requires the use of a service animal or assistance

animal or knowingly provides fraudulent supporting documentation in connection with

such a claim.

2. If the individual pleads guilty or is convicted of an offense under subsection 1, a lessor

may evict a lessee and the lessor is entitled to a damage fee, not to exceed one

thousand dollars, from a lessee if the lessee provides fraudulent disability

documentation indicating a disability requiring the use of a service animal or

assistance animal.
N.D. Cent. Code § 47-36-09 — ND Code / Title 47 / Chapter 47-36 / Section 47-36-09
47-36-09. Disclosure of other digital assets of principal
Status: in_force

47-36-09. Disclosure of other digital assets of principal

Unless otherwise ordered by the court, directed by the principal, or provided by a power of

attorney, a custodian shall disclose to an agent with specific authority over digital assets or

general authority to act on behalf of a principal a catalog of electronic communications sent or

received by the principal and digital assets, other than the content of electronic communications,

of the principal if the agent gives the custodian:

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

2. An original or a copy of the power of attorney that gives the agent specific authority

over digital assets or general authority to act on behalf 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 § 47-26-03 — ND Code / Title 47 / Chapter 47-26 / Section 47-26-03
47-26-03. Fence viewers taken from each township when a fence is on line between two townships
Status: in_force

47-26-03. Fence viewers taken from each township when a fence is on line between

two townships.

When the line upon which a partition fence is to be made or divided is the boundary line

between civil townships or is partly in one civil township and partly in another, a township

supervisor shall be taken from each township affected when the services of fence viewers are

required.
N.D. Cent. Code § 47-36-17 — ND Code / Title 47 / Chapter 47-36 / Section 47-36-17
47-36-17. Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

47-36-17. Relation to Electronic Signatures in Global and National Commerce Act

This chapter modifies, limits, or supersedes the Electronic Signatures in Global and

National Commerce Act [Pub. L. 106-229; 114 Stat. 468; 15 U.S.C. 7001 et seq.] but does not

modify, limit, or supersede section 101(c) of that Act [15 U.S.C. 7001(c)], or authorize electronic

delivery of any of the notices described in section 103(b) of that Act [15 U.S.C. 7003(b)].
N.D. Cent. Code § 47-11-11 — ND Code / Title 47 / Chapter 47-11 / Section 47-11-11
47-11-11. Gift in view of death - Revocable - Rights of bona fide purchaser
Status: in_force

47-11-11. Gift in view of death - Revocable - Rights of bona fide purchaser

A gift in view of death may be revoked by the giver at any time and is revoked by the giver's

recovery from the illness or escape from the peril under the presence of which it was made or

by the occurrence of any event which would operate as a revocation of a will made at the same

time. When the gift has been delivered to the donee, the rights of a bona fide purchaser from

the donee before the revocation shall not be affected by the revocation.
N.D. Cent. Code § 47-05-02.1 — ND Code / Title 47 / Chapter 47-05 / Section 47-05-02.1
47-05-02.1. Requirements of easements, servitudes, or nonappurtenant restrictions on the use of real property
Status: in_force

47-05-02.1. Requirements of easements, servitudes, or nonappurtenant restrictions

on the use of real property.

Real property easements, servitudes, or any nonappurtenant restrictions on the use of real

property, which become binding after July 1, 1977, shall be subject to the requirements of this

section. These requirements are deemed a part of any agreement for such interests in real

property whether or not printed in a document of agreement.

1. The area of land covered by the easement, servitude, or nonappurtenant restriction on

the use of real property shall be properly described and shall set out the area of land

covered by the interest in real property.

2. The duration of the easement, servitude, or nonappurtenant restriction on the use of

real property must be specifically set out, and in no case may the duration of any

interest in real property regulated by this section exceed ninety-nine years. The

duration of an easement for a waterfowl production area acquired by the federal

government, and consented to by the governor or the appropriate state agency after

July 1, 1985, may not exceed fifty years. A waterfowl production area easement that

exceeds fifty years or which purports to be perpetual may be extended by negotiation

between the owner of the easement and the owner of the servient tenement. A

waterfowl production area easement that exceeds fifty years or which purports to be

permanent and is not extended by negotiation is void. The duration of a wetlands

reserve program easement acquired by the federal government pursuant to the Food,

Agriculture, Conservation, and Trade Act of 1990 after July 1, 1991, may not exceed

thirty years.

3. No increase in the area of real property subject to the easement, servitude, or

nonappurtenant restriction shall be made except by negotiation between the owner of

the easement, servitude, or nonappurtenant restriction and the owner of the servient

tenement.
N.D. Cent. Code § 47-02-27.3 — ND Code / Title 47 / Chapter 47-02 / Section 47-02-27.3
47-02-27.3. Reformation
Status: in_force

47-02-27.3. Reformation

Upon the petition of an interested person, a court shall reform a disposition in the manner

that most closely approximates the transferor's manifested plan of distribution and is within the

ninety years allowed under subdivision b of subsection 1 of section 47-02-27.1, subdivision b of

subsection 2 of section 47-02-27.1, and subdivision b of subsection 3 of section 47-02-27.1, if:

1. A contingent property interest or a power of appointment becomes invalid under

section 47-02-27.1;

2. A class gift is not but might become invalid under section 47-02-27.1 and the time has

arrived when the share of any class member is to take effect in possession or

enjoyment; or

3. A contingent property interest that is not validated by subdivision a of subsection 1 of

section 47-02-27.1 can vest but not within ninety years after its creation.
N.D. Cent. Code § 47-10-26 — ND Code / Title 47 / Chapter 47-10 / Section 47-10-26
47-10-26. Authority of trustee
Status: in_force

47-10-26. Authority of trustee

The trustee of a trust that holds title to real property is presumed to have the power to sell,

convey, and encumber the real property unless restrictions on that power appear in the records

of the county recorder.
N.D. Cent. Code § 47-07-11 — ND Code / Title 47 / Chapter 47-07 / Section 47-07-11
47-07-11. Goodwill - Transferability
Status: in_force

47-07-11. Goodwill - Transferability

The goodwill of a business is property transferable in the same manner as any other.
N.D. Cent. Code § 47-16-42 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-42
47-16-42. Wind energy leases - Termination
Status: in_force

47-16-42. Wind energy leases - Termination

Redesignated as section 17-04-05 under S.L. 2007, ch. 204, § 5.
N.D. Cent. Code § 47-09-06 — ND Code / Title 47 / Chapter 47-09 / Section 47-09-06
47-09-06. Delivery of written transfer - Requirement - Presumption from execution
Status: in_force

47-09-06. Delivery of written transfer - Requirement - Presumption from execution

A grant takes effect so as to vest the interest intended to be transferred only upon its

delivery by the grantor and is presumed to have been delivered at its date.
N.D. Cent. Code § 47-02-34 — ND Code / Title 47 / Chapter 47-02 / Section 47-02-34
47-02-34. Life estate - Obligation to maintain property - Waste - Taxes - Other charges and assessments
Status: in_force

47-02-34. Life estate - Obligation to maintain property - Waste - Taxes - Other charges

and assessments.

The owner of a life estate must keep the buildings and fences in repair from ordinary waste

and must pay the taxes and other annual charges and a just proportion of extraordinary

assessments benefiting the whole inheritance.
N.D. Cent. Code § 47-35-04 — ND Code / Title 47 / Chapter 47-35 / Section 47-35-04
47-35-04. Enforcement of security interest in rents
Status: in_force

47-35-04. Enforcement of security interest in rents

1. An assignee may enforce an assignment of rents using any method sufficient to

enforce the assignment under law of this state, including notice to the assignor, notice

to the tenant, and the appointment of a receiver.

2. From the date of enforcement, the assignee or, in the case of enforcement by

appointment of a receiver, the receiver is entitled to collect all rents that have accrued

but remain unpaid on that date and accrue on or after that date, as those rents accrue.
N.D. Cent. Code § 47-30.2-02 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-02
47-30.2-02. (103) Inapplicability to foreign transaction
Status: in_force

47-30.2-02. (103) Inapplicability to foreign transaction

This chapter does not apply to property held, due, and owing in a foreign country if the

transaction out of which the property arose was a foreign transaction.
N.D. Cent. Code § 47-30.2-63 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-63
47-30.2-63. (1202) Interstate and international agreement - Cooperation
Status: in_force

47-30.2-63. (1202) Interstate and international agreement - Cooperation

1. The administrator may:

a. Exchange information with another state or foreign country relating to property

presumed abandoned or relating to the possible existence of property presumed

abandoned; and

b. Authorize in a record another state or foreign country or a person acting on behalf

of the other state or country to examine its records of a putative holder as

provided in 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.

2. An exchange or examination with a foreign country under subsection 1 may be done

only if the foreign country has confidentiality and security requirements substantially

equivalent to those in sections 47-30.2-71, 47-30.2-72, and 47-30.2-73 or agrees in a

record to be bound by this state's confidentiality and security requirements.
N.D. Cent. Code § 47-30.2-28 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-28
47-30.2-28. (503) Notice by administrator
Status: in_force

47-30.2-28. (503) Notice by administrator

1. The administrator shall give notice to an apparent owner that property is presumed

abandoned and appears to be owned by the apparent owner is held by the

administrator under this chapter.

2. In providing notice under subsection 1, the administrator shall:

a. Except as otherwise provided in subdivision b, send written notice by first-class

United States mail to each apparent owner of property valued at twenty-five

dollars or more held by the administrator, unless the administrator determines

that a mailing by first-class United States mail would not be received by the

apparent owner, and, in the case of a security held in an account for which the

apparent owner had consented to receiving electronic mail from the holder, send

notice by electronic mail if the electronic-mail address of the apparent owner is

known to the administrator instead of by first-class United States mail; or

b. Send the notice to the apparent owner's electronic-mail address if the

administrator does not have a valid United States mail address for an apparent

owner but has an electronic-mail address that the administrator does not know to

be invalid.

3. In addition to the notice under subsection 2, the administrator shall:

a. Publish in the biennial report required under section 54-06-04 and shall include:

(1) The total value of property received by the administrator during the

preceding biennium, taken from the reports under section 47-30.2-21; and

(2) The total value of claims paid by the administrator during the biennium

period; and

b. Maintain a website or database accessible by the public and electronically

searchable which contains the names reported to the administrator of apparent

owners for whom property that meets or exceeds the searchable value as set by

the commissioner is being held by the administrator. Property that does not meet

or exceed the searchable value must continue to be held by the administrator but

may not appear in the searchable website or database.

4. The website or database maintained under subdivision b of subsection 3 must include

instructions for filing with the administrator a claim to property and a printable claim

form with instructions for the form's use.

5. In addition to giving notice under subsection 2, publishing the information under

subdivision a of subsection 3, and maintaining the website or database under

subdivision b of subsection 3, the administrator may use other printed publication,

telecommunication, the internet, or other media to inform the public of the existence of

unclaimed property held by the administrator.
N.D. Cent. Code § 47-25-08 — ND Code / Title 47 / Chapter 47-25 / Section 47-25-08
47-25-08. Secretary of state - Exempt records
Status: in_force

47-25-08. Secretary of state - Exempt records

Any social security number or federal tax identification number disclosed or contained in

any document filed with the secretary of state under this chapter is an exempt record as defined

by subsection 5 of section 44-04-17.1. The secretary of state shall take reasonable precautions

to delete or obscure any social security number or federal tax identification number the

secretary of state determines to be a closed record before a copy of any document is released

to the public.
N.D. Cent. Code § 47-19-40 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-40
47-19-40. What entitles judgment to record
Status: in_force

47-19-40. What entitles judgment to record

A certified copy of the judgment in a proceeding instituted under sections 47-19-38 and

47-19-39 showing the proof of the instrument and attached thereto entitles the instrument to

record with like effect as if acknowledged.
N.D. Cent. Code § 47-30.2-57 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-57
47-30.2-57. (1004) Records obtained in examination
Status: in_force

47-30.2-57. (1004) Records obtained in examination

1. Records obtained from a private entity for purposes of an examination under this

chapter and records, including work papers, compiled by the administrator or the

administrator's agent in the course of conducting an examination under section

47-30.2-55 are subject to the security provisions of sections 47-30.2-71, 47-30.2-72,

and 47-30.2-73 and are confidential records. However, the administrator or

administrator's agent may furnish information to the attorney general, other state

agencies, a prosecuting official requiring the information for use in the prosecuting

official's official duties, or for legislative investigations under chapter 54-03.2.

Confidential information furnished by the administrator or the administrator's agent to a

third party under this section remains confidential while in the possession of the third

party. Confidential information received by the administrator or administrator's agent

from a third party under this section remains confidential while in the possession of the

administrator or administrator's agent. The administrator or the administrator's agent's

final and completed examination reports are records open to the public. The final

examination report may not contain confidential documentation or working papers

unless one of the exceptions in this section applies.

2. The records subject to subsection 1:

a. May be used by the board in an action to collect property or otherwise enforce

this chapter;

b. May be used in a joint examination conducted with or pursuant to agreements

with other states, the federal government, or other governmental entities;

c. May be disclosed at the discretion of the commissioner, on request, to the person

that administers the unclaimed property law of another state for that state's use in

circumstances equivalent to circumstances described in 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. A state to which information is disclosed shall

maintain the confidentiality and security of information obtained in a manner

substantially equivalent to sections 47-30.2-71, 47-30.2-72, and 47-30.2-73;

d. May be required to be produced under section 44-04-18.11; and

e. May be required to be produced by the administrator on request of the person

subject to the examination in an administrative or judicial proceeding relating to

the property.

3. The administrator or any state employee conducting an examination on the

administrator's behalf are exempt from chapter 6-08.1.
N.D. Cent. Code § 47-36-13 — ND Code / Title 47 / Chapter 47-36 / Section 47-36-13
47-36-13. Disclosure of digital assets to conservator or guardian of protected person
Status: in_force

47-36-13. Disclosure of digital assets to conservator or guardian of protected person

1. After an opportunity for a hearing under section 30.1-29-07, the court may grant a

conservator or guardian access to the digital assets of a protected person.

2. Unless otherwise ordered by the court or directed by the user, a custodian shall

disclose to a conservator or guardian the catalog of electronic communications sent or

received by a protected person and any digital assets, other than the content of

electronic communications, in which the protected person has a right or interest if the

conservator or guardian gives the custodian:

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

b. A certified copy of the court order that gives the conservator or guardian authority

over the digital assets of the protected person; and

c. If requested by the custodian:

(1) A number, username, address, or other unique subscriber or account

identifier assigned by the custodian to identify the account of the protected

person; or

(2) Evidence linking the account to the protected person.

3. A conservator or guardian with general authority to manage the assets of a protected

person may request a custodian of the digital assets of the protected person to

suspend or terminate an account of the protected person for good cause. A request

made under this section must be accompanied by a certified copy of the court order

giving the conservator or guardian authority over the protected person's property.
N.D. Cent. Code § 47-19-28 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-28
47-19-28. Certificate of acknowledgment executed by a corporation
Status: in_force

47-19-28. Certificate of acknowledgment executed by a corporation

The certificate of acknowledgment of an instrument executed by a corporation 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 oath of __________) to be the president (or other officer or person) of the

corporation that is described in and that executed the within instrument, and acknowledged

to me that such corporation executed the same.
N.D. Cent. Code § 47-05-08 — ND Code / Title 47 / Chapter 47-05 / Section 47-05-08
47-05-08. Partition of dominant tenement - Burden apportioned - Limitations
Status: in_force

47-05-08. Partition of dominant tenement - Burden apportioned - Limitations

In case of partition of the dominant tenement, the burden must be apportioned according to

the division of the dominant tenement, but not in such a way as to increase the burden upon the

servient tenement.
N.D. Cent. Code § 47-21-09 — ND Code / Title 47 / Chapter 47-21 / Section 47-21-09
47-21-09. Public performance of composition for profit - Consent of owner necessary
Status: repealed

47-21-09. Public performance of composition for profit - Consent of owner necessary

Repealed by S.L. 1987, ch. 558, § 2.
N.D. Cent. Code § 47-30.2-60 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-60
47-30.2-60. (1007) Report to person whose records were examined
Status: in_force

47-30.2-60. (1007) Report to person whose records were examined

At the conclusion of an examination under section 47-30.2-55, the administrator or the

administrator's agent shall provide to the person whose records were examined a complete and

unredacted examination report that specifies:

1. The work performed;

2. The property types reviewed;

3. The methodology of any estimation technique, extrapolation, or statistical sampling

used in conducting the examination;

4. Each calculation showing the value of property determined to be due; and

5. The findings of the person conducting the examination.
N.D. Cent. Code § 47-37-08 — ND Code / Title 47 / Chapter 47-37 / Section 47-37-08
47-37-08. Duration - Amendment by court action
Status: in_force

47-37-08. Duration - Amendment by court action

1. An environmental covenant is perpetual unless it is:

a. By its terms limited to a specific duration or terminated by the occurrence of a

specific event;

b. Terminated by consent pursuant to section 47-37-09;

c. Terminated pursuant to subsection 2;

d. Terminated by foreclosure of an interest that has priority over the environmental

covenant; or

e. Terminated or modified in an eminent domain proceeding, but only if:

(1) The agency that signed the covenant is a party to the proceeding;

(2) All persons identified in subsections 1 and 2 of section 47-37-09 are given

notice of the pendency of the proceeding; and

(3) The court determines, after hearing, the termination or modification will not

adversely affect human health or the environment.

2. If the agency that signed an environmental covenant has determined the intended

benefits of the covenant can no longer be realized, a court, under the doctrine of

changed circumstances, in an action in which all persons identified in subsections 1

and 2 of section 47-37-09 have been given notice, may terminate the covenant or

reduce its burden on the real property subject to the covenant. The agency's

determination or its failure to make a determination upon request is subject to review

pursuant to chapter 28-32.

3. Except as otherwise provided in subsections 1 and 2, an environmental covenant may

not be extinguished, limited, or impaired through issuance of a tax deed, foreclosure of

a tax lien, or application of the doctrine of adverse possession, prescription,

abandonment, waiver, lack of enforcement, or acquiescence, or a similar doctrine.

4. An environmental covenant may not be extinguished, limited, or impaired by

application of chapters 38-18.1 and 47-19.1.
N.D. Cent. Code § 47-04-03 — ND Code / Title 47 / Chapter 47-04 / Section 47-04-03
47-04-03. Estates - Classification and definition
Status: in_force

47-04-03. Estates - Classification and definition

Estates of inheritance and for life are called estates of freehold. Estates for years are

chattels real. Estates at will are chattel interests, but are not liable as such to sale on execution.
N.D. Cent. Code § 47-30.2-24 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-24
47-30.2-24. (404) Retention of records by holder
Status: in_force

47-30.2-24. (404) Retention of records by holder

1. A holder required to file a report under section 47-30.2-21 shall retain records for ten

years after the later of the date the report was filed or the last date a timely report was

due to be filed, unless a shorter period is provided by rule of the commissioner.

2. Upon receipt of a notice for an examination or notice of authorization to participate in

the voluntary disclosure program under section 47-30.2-55, a holder shall retain, until

the conclusion of the examination or any related appeal or litigation, or the conclusion

of authorized voluntary disclosure in each instance, all relevant records dating back

ten years from the commencement of the examination, plus the applicable dormancy

period under section 47-30.2-04, before the date of the administrator's delivery of a

notice of an examination to a holder under this chapter.

3. The holder may satisfy the requirement to retain records under this section through an

agent.

4. The records must contain:

a. The verifiable information required to be included in the report;

b. The date, place, and nature of the circumstances that gave rise to the property

right;

c. The amount or value of the property;

d. The last address of the apparent owner, if known to the holder;

e. If the holder sells, issues, or provides to others for sale or issue in this state

traveler's checks, money orders, or similar instruments, other than third-party

bank checks, on which the holder is directly liable, a record of the instruments

while they remain outstanding indicating the state and date of issue; and

f. Records of items that were not reported as unclaimed sufficient to determine

whether the holder has complied with this chapter.
N.D. Cent. Code § 47-09-04 — ND Code / Title 47 / Chapter 47-09 / Section 47-09-04
47-09-04. Transfer - How made
Status: in_force

47-09-04. Transfer - How made

A transfer may be made without writing in every case in which a writing is not required

expressly by statute.
N.D. Cent. Code § 47-16-08 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-08
47-16-08. Quiet possession of leased property
Status: in_force

47-16-08. Quiet possession of leased property

An agreement to lease real property binds the lessor to secure to the lessee the quiet

possession of such property during the term of the lease against all persons lawfully claiming

the same.
N.D. Cent. Code § 47-07-07 — ND Code / Title 47 / Chapter 47-07 / Section 47-07-07
47-07-07. Publication of products of the mind - Right to reproduce
Status: in_force

47-07-07. Publication of products of the mind - Right to reproduce

If the owner of a product of the mind intentionally makes it public, a copy or reproduction

may be made public by any person without responsibility to the owner so far as the law of this

state is concerned.
N.D. Cent. Code § 47-22-10 — ND Code / Title 47 / Chapter 47-22 / Section 47-22-10
47-22-10. Fraudulent registration
Status: in_force

47-22-10. Fraudulent registration

Any person who shall for that person, or on behalf of any other person, procure the filing or

registration of any mark in the office of the secretary of state under the provisions hereof, by

knowingly making any false or fraudulent representation or declaration, verbally or in writing, or

by any other fraudulent means, shall be liable to pay all damages sustained in consequence of

such filing or registration, to be recovered by or on behalf of the party injured thereby in any

court of competent jurisdiction.
N.D. Cent. Code § 47-11-04 — ND Code / Title 47 / Chapter 47-11 / Section 47-11-04
47-11-04. Executory agreement
Status: repealed

47-11-04. Executory agreement

Repealed by S.L. 1971, ch. 452, § 3.
N.D. Cent. Code § 47-10-20 — ND Code / Title 47 / Chapter 47-10 / Section 47-10-20
47-10-20. Attornment - When unnecessary
Status: in_force

47-10-20. Attornment - When unnecessary

Grants of rents, reversions, or remainders are good and effectual without attornments of the

tenants, but no tenant, who before notice of the grant shall have paid rent to the grantor, must

suffer any damage thereby.
N.D. Cent. Code § 47-10.1-06 — ND Code / Title 47 / Chapter 47-10.1 / Section 47-10.1-06
47-10.1-06. Penalty
Status: in_force

47-10.1-06. Penalty

Any person violating section 47-10.1-02 is guilty of a class A misdemeanor.
N.D. Cent. Code § 47-01-19 — ND Code / Title 47 / Chapter 47-01 / Section 47-01-19
47-01-19. Boundaries - Obligation of coterminous owners
Status: in_force

47-01-19. Boundaries - Obligation of coterminous owners

Coterminous owners are mutually bound to maintain equally the boundaries and

monuments between them.
N.D. Cent. Code § 47-09-11 — ND Code / Title 47 / Chapter 47-09 / Section 47-09-11
47-09-11. Interpretation of grants
Status: in_force

47-09-11. Interpretation of grants

Grants shall be interpreted in like manner with contracts in general except so far as is

otherwise provided by this chapter. If the operative words of a grant are doubtful, recourse may

be had to its recitals to assist the construction, and if several parts of a grant are absolutely

irreconcilable, the former part shall prevail. A clear and distinct limitation in a grant is not

controlled by other words less clear and distinct.
N.D. Cent. Code § 47-14-11 — ND Code / Title 47 / Chapter 47-14 / Section 47-14-11
47-14-11. Criminal penalty for usury
Status: in_force

47-14-11. Criminal penalty for usury

Any person who shall take, receive, reserve, or charge a usurious rate of interest, in

addition to being liable for the penalties and forfeitures specified in section 47-14-10, shall be

guilty of a class B misdemeanor.
N.D. Cent. Code § 47-19-17.2 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-17.2
47-19-17.2. Validating certain oaths and acknowledgments
Status: repealed

47-19-17.2. Validating certain oaths and acknowledgments

Repealed by S.L. 1971, ch. 453, § 10.
N.D. Cent. Code § 47-19-52 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-52
47-19-52. Bill of sale - Release - Cancellation by recorder
Status: in_force

47-19-52. Bill of sale - Release - Cancellation by recorder

The recorder shall cancel and discharge, upon the records in the recorder's office, any bill of

sale, upon the filing of a release executed by both parties to the instrument.
N.D. Cent. Code § 47-19-14.6 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-14.6
47-19-14.6. Short forms of acknowledgment
Status: repealed

47-19-14.6. Short forms of acknowledgment

Repealed by S.L. 2011, ch. 334, § 6.
N.D. Cent. Code § 47-14-01 — ND Code / Title 47 / Chapter 47-14 / Section 47-14-01
47-14-01. Loan of money defined
Status: in_force

47-14-01. Loan of money defined

A loan of money is a contract by which one delivers a sum of money to another and the

latter agrees to return at a future time a sum equivalent to that which the person borrowed. A

loan for mere use is governed by chapter 47-12.
N.D. Cent. Code § 47-16-19 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-19
47-16-19. Term of lease governed by manner of payment of rent
Status: in_force

47-16-19. Term of lease governed by manner of payment of rent

The renting of lodgings for an unspecified term is presumed to have been made for such

length of time as the parties adopt for the estimation of the rent. Thus renting at a weekly rate of

rent is presumed to be for one week. In the absence of any agreement respecting the length of

time of the rent, the leasing is presumed to be monthly.
N.D. Cent. Code § 47-02-25 — ND Code / Title 47 / Chapter 47-02 / Section 47-02-25
47-02-25. Restraints upon marriage void - Use until marriage
Status: in_force

47-02-25. Restraints upon marriage void - Use until marriage

Conditions imposing restraints upon marriage, except upon the marriage of a minor, or of

the widow of the person by whom the condition is imposed, are void. This does not affect

limitations when the intent was not to forbid marriage but only to give the use until marriage.
N.D. Cent. Code § 47-37-12 — ND Code / Title 47 / Chapter 47-37 / Section 47-37-12
47-37-12. Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

47-37-12. Relation to Electronic Signatures in Global and National Commerce Act

This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and

National Commerce Act [15 U.S.C. 7001 et seq.], but does not modify, limit, or supersede

section 101(c) of that Act [15 U.S.C. 7001(c)], or authorize electronic delivery of any of the

notices described in section 103(b) of that Act [15 U.S.C. 7003(b)].
N.D. Cent. Code § 47-15.1-02 — ND Code / Title 47 / Chapter 47-15.1 / Section 47-15.1-02
47-15.1-02. Inapplicability of other laws
Status: in_force

47-15.1-02. Inapplicability of other laws

Consumer rental purchase agreements under this chapter are not governed by the laws

relating to a retail installment contract or a retail installment sale as defined in section 51-13-01

or security interest as defined in section 41-01-09.
N.D. Cent. Code § 47-02-04 — ND Code / Title 47 / Chapter 47-02 / Section 47-02-04
47-02-04. Sole or concurrent ownership designated
Status: in_force

47-02-04. Sole or concurrent ownership designated

The ownership of property by a single person is designated as a sole or concurrent

ownership.
N.D. Cent. Code § 47-18-18 — ND Code / Title 47 / Chapter 47-18 / Section 47-18-18
47-18-18. Declaration of homestead - How executed and acknowledged
Status: in_force

47-18-18. Declaration of homestead - How executed and acknowledged

In order to select a homestead the claimant shall execute and acknowledge, in the same

manner as a grant of real property is acknowledged, a declaration of homestead, and file the

declaration for record.

A claim of a homestead by a debtor who received a discharge is a declaration of

homestead.

Filing for record in the recorder's office of the county where the homestead is located a

certified copy with the legal description of the discharge constitutes notice that the property is a

homestead and exempt from judgments.
N.D. Cent. Code § 47-08-03 — ND Code / Title 47 / Chapter 47-08 / Section 47-08-03
47-08-03. Materials of different owners united by labor of one - Inseparable without inconvenience - Common ownership
Status: in_force

47-08-03. Materials of different owners united by labor of one - Inseparable without

inconvenience - Common ownership.

When one has made use of materials which in part belong to that person and in part to

another, in order to form a thing of a new description without having destroyed any of the

materials, but in such a way that they cannot be separated without inconvenience, the thing

formed is common to both proprietors in proportion, as respects the one, of the materials

belonging to that person, and as respects the other, of the materials belonging to that person

and the price of that person's workmanship.
N.D. Cent. Code § 47-04-25 — ND Code / Title 47 / Chapter 47-04 / Section 47-04-25
47-04-25. Covenants running with the land
Status: in_force

47-04-25. Covenants running with the land

The only covenants which run with the land are those specified in this chapter and those

which are incidental thereto.
N.D. Cent. Code § 47-12-09 — ND Code / Title 47 / Chapter 47-12 / Section 47-12-09
47-12-09. Lender to indemnify borrower for damages caused by concealed defects
Status: in_force

47-12-09. Lender to indemnify borrower for damages caused by concealed defects

The lender of personal property for use shall indemnify the borrower for damages caused

by defects or vices in it about which the lender knew at the time of lending and concealed from

the borrower.
N.D. Cent. Code § 47-30.2-65 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-65
47-30.2-65. (1204) Interest and penalty for failure to act in timely manner
Status: in_force

47-30.2-65. (1204) Interest and penalty for failure to act in timely manner

1. An administrator may collect interest from a holder that fails to report, pay, or deliver

property within the time prescribed by this chapter. Interest must be calculated at an

annual rate of one percent of the sum for each thirty-day period of delinquency or

fraction of delinquency period on the property or value of the property from the date

the property should have been reported, paid, or delivered to the administrator until the

date reported, paid, or delivered.

2. Except as otherwise provided in section 47-30.2-66 or 47-30.2-67, the administrator

may require a holder that fails to report, pay, or deliver property within the time

prescribed by this chapter to pay to the administrator, in addition to interest included

under subsection 1, a civil penalty of two hundred dollars for each day the duty is not

performed, up to a cumulative maximum amount of five thousand dollars.
N.D. Cent. Code § 47-31-03 — ND Code / Title 47 / Chapter 47-31 / Section 47-31-03
47-31-03. Title to pore space
Status: in_force

47-31-03. Title to pore space

Title to pore space in all strata underlying the surface of lands and waters is vested in the

owner of the overlying surface estate.
N.D. Cent. Code § 47-30.2-27 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-27
47-30.2-27. (502) Contents of notice by holder
Status: in_force

47-30.2-27. (502) Contents of notice by holder

1. Notice under section 47-30.2-26 must contain a heading that reads substantially as

follows:

"Notice. The State of North Dakota requires us to notify you that your property may be

transferred to the custody of the North Dakota unclaimed property administrator if you

do not contact us before (insert date that is thirty days after the date of this notice)."

2. The notice under section 47-30.2-26 must:

a. Identify the holder and provide a name, address, telephone number, and

electronic-mail address at which to contact the holder;

b. Identify the nature and, except for property that does not have a fixed value, the

value of the property that is the subject of the notice;

c. State that the property will be turned over to the administrator;

d. State that after the property is turned over to the administrator an apparent owner

that seeks return of the property shall file a claim with the administrator;

e. State that property that is not legal tender of the United States may be sold by the

administrator in accordance with section 47-30.2-40; and

f. Provide instructions that the apparent owner must follow to prevent the holder

from reporting and paying or delivering the property to the administrator.
N.D. Cent. Code § 47-02-06 — ND Code / Title 47 / Chapter 47-02 / Section 47-02-06
47-02-06. Joint tenancy interest defined
Status: in_force

47-02-06. Joint tenancy interest defined

A joint interest is one owned by several persons in equal shares by a title created by a

single will or transfer, when expressly declared in the will or transfer to be a joint tenancy, or

when granted or devised to executors or trustees as joint tenants.
N.D. Cent. Code § 47-04-14 — ND Code / Title 47 / Chapter 47-04 / Section 47-04-14
47-04-14. Creation of estate - Limitation
Status: in_force

47-04-14. Creation of estate - Limitation

Subject to the provisions of this chapter and of chapters 47-01, 47-02, and 47-03, a freehold

estate, as well as a chattel real, may be created to commence at a future day; an estate for life

may be created in a term of years and a remainder limited thereon; a remainder of a freehold or

chattel real, either contingent or vested, may be created, expectant on the determination of a

term of years; and a fee may be limited on a fee upon a contingency which, if it should occur,

must happen within the period prescribed in this chapter.
N.D. Cent. Code § 47-11-12 — ND Code / Title 47 / Chapter 47-11 / Section 47-11-12
47-11-12. Gift in view of death - Effect of will
Status: in_force

47-11-12. Gift in view of death - Effect of will

A gift in view of death is not affected by a previous will nor by a subsequent will unless it

expresses an intention to revoke the gift.
N.D. Cent. Code § 47-04-27 — ND Code / Title 47 / Chapter 47-04 / Section 47-04-27
47-04-27. Covenants - Limitation to designated assigns
Status: in_force

47-04-27. Covenants - Limitation to designated assigns

A covenant for the addition of some new thing to real property, or for the direct benefit of

some part of the property not then in existence or annexed thereto, when contained in a grant of

an estate in such property and made by the covenantor expressly for the covenantor's assigns

or to the assigns of the covenantee, runs with the land so far only as the assigns thus

mentioned are concerned.
N.D. Cent. Code § 47-16-09 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-09
47-16-09. Ordinary care must be exercised by lessee
Status: in_force

47-16-09. Ordinary care must be exercised by lessee

The lessee of real property must use ordinary care to preserve such property in safety and

to keep it in good condition.
N.D. Cent. Code § 47-06-02 — ND Code / Title 47 / Chapter 47-06 / Section 47-06-02
47-06-02. Title by prescription - Occupancy required
Status: in_force

47-06-02. Title by prescription - Occupancy required

Occupancy for the period prescribed by any law of this state as sufficient to bar an action for

the recovery of the property confers a title thereto, denominated a title by prescription, which is

sufficient against all.
N.D. Cent. Code § 47-10.2-02 — ND Code / Title 47 / Chapter 47-10.2 / Section 47-10.2-02
47-10.2-02. Notice of surplus escrow payments
Status: in_force

47-10.2-02. Notice of surplus escrow payments

If an escrow account is maintained by the servicer of a residential mortgage for a

mortgagee, and the account contains a surplus amount, the servicer shall provide written notice

to the borrower within thirty calendar days following the end of the escrow account computation

year. The information provided to the borrower must include the balance in the escrow account

after the annual payment of taxes and special assessments.
N.D. Cent. Code § 47-10.2-05 — ND Code / Title 47 / Chapter 47-10.2 / Section 47-10.2-05
47-10.2-05. Annual escrow account statement
Status: in_force

47-10.2-05. Annual escrow account statement

Each residential mortgagee, including any insurance company with articles of incorporation

filed under section 26.1-01-03, intending to maintain an escrow account for the payment of

taxes, assessments, insurance premiums, and other charges upon the mortgagor's residence

shall furnish annually each mortgagor with a detailed statement showing all debits and credits to

the account.
N.D. Cent. Code § 47-15-01 — ND Code / Title 47 / Chapter 47-15 / Section 47-15-01
47-15-01. Hiring defined
Status: in_force

47-15-01. Hiring defined

Hiring is a contract by which one gives to another the temporary possession and use of

personal property, other than goods subject to chapter 41-02.1 or money, for reward, and the

latter agrees to return the same to the former at a future time.
N.D. Cent. Code § 47-04-09 — ND Code / Title 47 / Chapter 47-04 / Section 47-04-09
47-04-09. Reversion defined
Status: in_force

47-04-09. Reversion defined

A reversion is the residue of an estate left by operation of law in the grantor or the grantor's

successors or in the successors of a testator commencing in possession on the determination of

a particular estate granted or devised.
N.D. Cent. Code § 47-02-01 — ND Code / Title 47 / Chapter 47-02 / Section 47-02-01
47-02-01. Ownership - Classification
Status: in_force

47-02-01. Ownership - Classification

The ownership of property is:

1. Absolute; or

2. Qualified.
N.D. Cent. Code § 47-15-09 — ND Code / Title 47 / Chapter 47-15 / Section 47-15-09
47-15-09. Termination of hiring in general
Status: in_force

47-15-09. Termination of hiring in general

The hiring of personal property terminates:

1. At the end of the term agreed upon;

2. By the mutual consent of the parties;

3. By the hirer's acquiring a title to the property hired superior to that of the letter;

4. By the destruction of the property hired; or

5. If the hiring is terminable at the pleasure of one of the parties thereto, by notice to the

other of the party's death or incapacity to contract, but in no other case is it terminable

thereby.
N.D. Cent. Code § 47-30.2-35 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-35
47-30.2-35. (606) Property removed from safe deposit box
Status: in_force

47-30.2-35. (606) Property removed from safe deposit box

Property removed from a safe deposit box and delivered under this chapter to the

administrator under this chapter is subject to the holder's right to reimbursement for the cost of

opening the box and a lien or contract providing reimbursement to the holder for unpaid rent

charges for the box. The administrator shall reimburse the holder from the proceeds remaining

after deducting the expense incurred by the administrator in selling the property.
N.D. Cent. Code § 47-37-02 — ND Code / Title 47 / Chapter 47-37 / Section 47-37-02
47-37-02. Nature of rights - Subordination of interests
Status: in_force

47-37-02. Nature of rights - Subordination of interests

1. Any person, including a person that owns an interest in the real property, the agency,

or a municipality or other unit of local government, may be a holder. An environmental

covenant may identify more than one holder. The interest of a holder is an interest in

real property.

2. A right of an agency under this chapter or under an environmental covenant, other

than a right as a holder, is not an interest in real property.

3. An agency is bound by any obligation it assumes in an environmental covenant, but an

agency does not assume obligations merely by signing an environmental covenant.

Any other person that signs an environmental covenant is bound by the obligations the

person assumes in the covenant, but signing the covenant does not change

obligations, rights, or protections granted or imposed under law other than this chapter

except as provided in the covenant.

4. The following rules apply to interests in real property in existence at the time an

environmental covenant is created or amended:

a. An interest that has priority under other law is not affected by an environmental

covenant unless the person that owns the interest subordinates that interest to

the covenant.

b. This chapter does not require a person that owns a prior interest to subordinate

that interest to an environmental covenant or to agree to be bound by the

covenant.

c. A subordination agreement may be contained in an environmental covenant

covering real property or in a separate record. If the environmental covenant

covers commonly owned property in a common interest community, the record

may be signed by any person authorized by the governing board of the owners'

association.

d. An agreement by a person to subordinate a prior interest to an environmental

covenant affects the priority of that person's interest but does not by itself impose

any affirmative obligation on the person with respect to the environmental

covenant.
N.D. Cent. Code § 47-20.2-01 — ND Code / Title 47 / Chapter 47-20.2 / Section 47-20.2-01
47-20.2-01. North Dakota coordinate system zones defined
Status: in_force

47-20.2-01. North Dakota coordinate system zones defined

1. The systems of plane coordinates which have been established by the national

oceanic and atmospheric administration national ocean survey/national geodetic

survey or its successors for defining and stating the geographic positions or locations

of points on the surface of the earth within this state are to be known and designated

as the North Dakota coordinate system of 1927, the North Dakota coordinate system

of 1983, the North Dakota statewide coordinate system of 2022, and the North Dakota

low-distortion coordinate system of 2022. For the purpose of the use of the North

Dakota coordinate systems of 1927 and 1983, the state is divided into a north zone

and a south zone:

a. The area now included in the following counties constitutes the north zone:

Divide, Williams, McKenzie, Mountrail, Burke, Renville, Ward, McLean, Bottineau,

McHenry, Sheridan, Pierce, Rolette, Towner, Benson, Wells, Foster, Eddy,

Ramsey, Cavalier, Pembina, Walsh, Nelson, Grand Forks, Griggs, Steele, Traill.

b. The area now included in the following counties constitutes the south zone: Dunn,

Golden Valley, Slope, Bowman, Adams, Hettinger, Stark, Mercer, Oliver, Morton,

Grant, Sioux, Emmons, Burleigh, Kidder, Logan, McIntosh, Stutsman, Barnes,

LaMoure, Dickey, Cass, Ransom, Sargent, Richland.

2. For the purpose of the use of the North Dakota statewide coordinate system of 2022,

the state is covered by one, statewide zone.

3. For the purpose of the use of the North Dakota low-distortion coordinate system of

2022, the state has been divided into sixteen, low-distortion projection zones:

a. Beulah zone, which includes Dunn, McLean, and Mercer counties.

b. Bismarck zone, which includes Burleigh, Kidder, Morton, and Oliver counties.

c. Bottineau zone, which includes Bottineau, Cavalier, Rolette, and Towner counties.

d. Bowman zone, which includes Adams, Bowman, Hettinger, and Slope counties.

e. Cannon Ball zone, which includes Grant and Sioux counties.

f. Carrington zone, which includes Eddy, Foster, Griggs, Sheridan, and Wells

counties.

g. Devils Lake zone, which includes Benson, McHenry, Nelson, Pierce, and Ramsey

counties.

h. Dickinson zone, which includes Billings, Golden Valley, and Stark counties.

i. Fargo zone, which includes Cass, Ransom, Richland, and Sargent counties.

j. Grand Forks zone, which includes Grand Forks, Pembina, Steele, Traill, and

Walsh counties.

k. Jamestown zone, which includes Barnes and Stutsman counties.

l. Linton zone, which includes Emmons, Logan, and McIntosh counties.

m. Minot zone, which includes Renville and Ward counties.

n. New Town zone, which includes Burke and Mountrail counties.

o. Oakes zone, which includes Dickey and LaMoure counties.

p. Williston zone, which includes Divide, McKenzie, and Williams counties.
N.D. Cent. Code § 47-18-04 — ND Code / Title 47 / Chapter 47-18 / Section 47-18-04
47-18-04. When homestead subject to execution
Status: in_force

47-18-04. When homestead subject to execution

A homestead is subject to execution or forced sale in satisfaction of judgments obtained in

the following cases:

1. On debts secured by mechanics', construction, or laborers' liens for work or labor done

or performed or material furnished exclusively for the improvement of the same.

2. On debts secured by mortgage on the premises executed and acknowledged by both

husband and wife, or an unmarried claimant.

3. On debts created for the purchase thereof and for all taxes accruing and levied

thereon.

4. On all other debts when, upon an appraisal as provided by section 47-18-06, it

appears that the value of the homestead is more than one hundred fifty thousand

dollars over and above liens or encumbrances on the homestead, and then only to the

extent of any value in excess of the sum total of the liens and encumbrances plus said

one hundred fifty thousand dollars.
N.D. Cent. Code § 47-05-11 — ND Code / Title 47 / Chapter 47-05 / Section 47-05-11
47-05-11. Public servitude - Effect on owner of fee - Action for possession
Status: in_force

47-05-11. Public servitude - Effect on owner of fee - Action for possession

The owner in fee of a servient tenement may maintain an action for the possession of the

land against anyone unlawfully possessed thereof, though a servitude exists thereon in favor of

the public.
N.D. Cent. Code § 47-20.2-02 — ND Code / Title 47 / Chapter 47-20.2 / Section 47-20.2-02
47-20.2-02. North Dakota coordinate system names defined
Status: in_force

47-20.2-02. North Dakota coordinate system names defined

1. As established for use in the north zone, the North Dakota coordinate system of 1927

or the North Dakota coordinate system of 1983 is named, and in any land description

in which it is used it must be designated the North Dakota coordinate system of 1927,

north zone, or the North Dakota coordinate system of 1983, north zone. As established

for use in the south zone, the North Dakota coordinate system of 1927 or the North

Dakota coordinate system of 1983 is named, and in any land description in which it is

used it must be designated the North Dakota coordinate system of 1927, south zone,

or the North Dakota coordinate system of 1983, south zone.

2. As established for use in the statewide zone, the North Dakota statewide coordinate

system of 2022 is named, and in any land description in which it is used, it must be

designated the North Dakota statewide coordinate system of 2022.

3. As established for use in the:

a. Beulah zone, the North Dakota coordinate system of 2022 is named, and in any

land description in which it is used, it must be designated the Beulah zone of the

North Dakota coordinate system of 2022;

b. Bismarck zone, the North Dakota coordinate system of 2022 is named, and in

any land description in which it is used, it must be designated the Bismarck zone

of the North Dakota coordinate system of 2022;

c. Bottineau zone, the North Dakota coordinate system of 2022 is named, and in

any land description in which it is used, it must be designated the Bottineau zone

of the North Dakota coordinate system of 2022;

d. Bowman zone, the North Dakota coordinate system of 2022 is named, and in any

land description in which it is used, it must be designated the Bowman zone of

the North Dakota coordinate system of 2022;

e. Cannon Ball zone, the North Dakota coordinate system of 2022 is named, and in

any land description in which it is used, it must be designated the Cannon Ball

zone of the North Dakota coordinate system of 2022;

f. Carrington zone, the North Dakota coordinate system of 2022 is named, and in

any land description in which it is used it must be designated the Carrington zone

of the North Dakota coordinate system of 2022;

g. Devils Lake zone, the North Dakota coordinate system of 2022 is named, and in

any land description in which it is used, it must be designated the Devils Lake

zone of the North Dakota coordinate system of 2022;

h. Dickinson zone, the North Dakota coordinate system of 2022 is named, and in

any land description in which it is used, it must be designated the Dickinson zone

of the North Dakota coordinate system of 2022;

i. Fargo zone, the North Dakota coordinate system of 2022 is named, and in any

land description in which it is used, it must be designated the Fargo zone of the

North Dakota coordinate system of 2022;

j. Grand Forks zone, the North Dakota coordinate system of 2022 is named, and in

any land description in which it is used, it must be designated the Grand Forks

zone of the North Dakota coordinate system of 2022;

k. Jamestown zone, the North Dakota coordinate system of 2022 is named, and in

any land description in which it is used, it must be designated the Jamestown

zone of the North Dakota coordinate system of 2022;

l. Linton zone, the North Dakota coordinate system of 2022 is named, and in any

land description in which it is used, it must be designated the Linton zone of the

North Dakota coordinate system of 2022;

m. Minot zone, the North Dakota coordinate system of 2022 is named, and in any

land description in which it is used, it must be designated the Minot zone of the

North Dakota coordinate system of 2022;

n. New Town zone, the North Dakota coordinate system of 2022 is named, and in

any land description in which it is used, it must be designated the New Town zone

of the North Dakota coordinate system of 2022;

o. Oakes zone, the North Dakota coordinate system of 2022 is named, and in any

land description in which it is used, it must be designated the Oakes zone of the

North Dakota coordinate system of 2022; and

p. Williston zone, the North Dakota coordinate system of 2022 is named, and in any

land description in which it is used, it must be designated the Williston zone of the

North Dakota coordinate system of 2022.
N.D. Cent. Code § 47-05-13 — ND Code / Title 47 / Chapter 47-05 / Section 47-05-13
47-05-13. Restrictions on easements for forest purposes
Status: in_force

47-05-13. Restrictions on easements for forest purposes

Notwithstanding any other provision of law, a person may not create, convey, or record any

easement, servitude, or nonappurtenant restriction on the use of real property within thirty-three

feet [10.06 meters] of the centerline of any section line if the purpose of that easement,

servitude, or restriction is to retain or protect forests.
N.D. Cent. Code § 47-30.2-50 — ND Code / Title 47 / Chapter 47-30.2 / Section 47-30.2-50
47-30.2-50. (903) Claim for property by person claiming to be owner
Status: in_force

47-30.2-50. If the board is successful in a proceeding brought under this section, the district

court shall allow the board to recover court costs; reasonable costs, fees, disbursements, and

expenses incurred by the board in the proceeding; and reasonable attorney's fees.
N.D. Cent. Code § 47-14-07 — ND Code / Title 47 / Chapter 47-14 / Section 47-14-07
47-14-07. Interest rate - Before and after breach
Status: in_force

47-14-07. Interest rate - Before and after breach

Any legal rate of interest stipulated by a contract remains chargeable after a breach until the

contract is superseded by a verdict or other new obligation.
N.D. Cent. Code § 47-12-12 — ND Code / Title 47 / Chapter 47-12 / Section 47-12-12
47-12-12. Time for return of personal property to lender
Status: in_force

47-12-12. Time for return of personal property to lender

If personal property is lent for use for a specified time or purpose, it must be returned to the

lender without demand as soon as the time has expired or the purpose has been accomplished.

In any other case, it need not be returned until demanded. The borrower of personal property for

use shall return it to the lender at the place contemplated by the parties at the time of the

lending, or if no particular place was contemplated by them, at the place where it was at the

time of the lending.
N.D. Cent. Code § 47-24.1-07 — ND Code / Title 47 / Chapter 47-24.1 / Section 47-24.1-07
47-24.1-07. Transfer by obligor
Status: in_force

47-24.1-07. Transfer by obligor

1. Subject to subsections 2 and 3, a person not subject to section 47-24.1-05 or

47-24.1-06 who holds property of or owes a liquidated debt to a minor not having a

conservator may make an irrevocable transfer to a custodian for the benefit of the

minor pursuant to section 47-24.1-09.

2. If a person having the right to do so under section 47-24.1-03 has nominated a

custodian under that section to receive the custodial property, the transfer must be

made to that person.

3. If no custodian has been nominated under section 47-24.1-03, or all persons so

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

to serve, a transfer under this section may be made to an adult member of the minor's

family or to a trust company unless the property exceeds ten thousand dollars in value.
N.D. Cent. Code § 47-19-46 — ND Code / Title 47 / Chapter 47-19 / Section 47-19-46
47-19-46. Unrecorded instrument valid between parties - Knowledge of instruments out of chain of title
Status: in_force

47-19-46. Unrecorded instrument valid between parties - Knowledge of instruments

out of chain of title.

An unrecorded instrument is valid as between the parties thereto and those who have

notice thereof. Knowledge of the record of an instrument out of the chain of title does not

constitute such notice, provided, however, that the record of a mortgage, deed, or other

conveyance prior to the recording of a deed or other conveyance vesting title of record in the

mortgagor or grantor shall not be considered out of the chain of title after the recording of a

deed or other conveyance vesting title in the mortgagor or grantor in such first recorded

mortgage, deed, or other conveyance.
N.D. Cent. Code § 47-18-08 — ND Code / Title 47 / Chapter 47-18 / Section 47-18-08
47-18-08. Petition for appraisal - When filed
Status: in_force

47-18-08. Petition for appraisal - When filed

A petition for the appointment of appraisers of a homestead must be filed with the recorder,

unless the board of county commissioners designates a different official, and a copy thereof,

with notice of the time and place of hearing, served on the claimant at least ten days before the

hearing.
N.D. Cent. Code § 47-16-26 — ND Code / Title 47 / Chapter 47-16 / Section 47-16-26
47-16-26. Double letting of room prohibited
Status: in_force

47-16-26. Double letting of room prohibited

One who rents part of a room for a dwelling is entitled to the whole of the room,

notwithstanding any agreement to the contrary. If a landlord rents a room as a dwelling for more

than one family, the person to whom the landlord first rents any part of it is entitled to the

possession of the whole room for the term agreed upon. Every tenant in the building under the

same landlord is relieved from all obligation to pay rent to the landlord while such double letting

of any room continues.