A contract of purchase of lands, made pursuant to the provisions of this title, entitles the purchaser, or the purchaser's heirs or assigns, to the possession of the lands therein described and to maintain actions for injuries done to the lands or to recover possession thereof, unless the contract has been canceled and not redeemed. A contract of purchase in force may be recorded in the manner provided by law for recording of deeds of conveyance.
15-08-08. Assignee or successor in interest of purchaser - Rights and liabilities - Judicial sale - Subrogation. An assignee of a bona fide purchaser of any of the lands mentioned in this title is subject to and governed by the provisions of this chapter applicable to the purchaser of whom the person
is an assignee, and has the same rights in all respects as an original purchaser of the same class of lands. When the interest of a purchaser of any such lands is levied upon or attached in an action brought to recover a debt due from the purchaser, and when such interest is sold under execution and a certificate of sale is issued by the sheriff, the holder of the sheriff's certificate, after the expiration of one year from the date of sale, may obtain and present to the commissioner of university and school lands a certificate of the sheriff of the county in which the land is situated, setting forth: 1. That the sale has been made; 2. The name and address of the purchaser at the sale; 3. That one year has elapsed since the sale; 4. That no redemption has been made by or on behalf of the original purchaser of the land, or the purchaser's assignees or successors in interest; and 5. That no claim of homestead exemption has been made as to the land by any person. After the filing of such certificate in the office of the commissioner of university and school lands, the person who bought the interest of the purchaser of the land at such judicial sale is subrogated to the contract of the original purchaser and to all rights of the purchaser in and to the land. The person so subrogated may carry out and perform the contract of purchase with the state in all particulars and on full performance thereof the person shall receive a conveyance of the land from the state.
15-08-09. Contracts may be surrendered and two or more contracts issued in lieu thereof. When the holder of a contract of purchase surrenders the same to the commissioner of university and school lands with a written request to have it divided into two or more contracts, the commissioner, when the application has been approved by the board of university and school lands, may issue new contracts accordingly, but no new contracts may be issued: 1. When any interest, principal, or taxes on the contract or the land described therein are due and unpaid; or 2. When the commissioner is of the opinion, after an examination of the land, if such examination is necessary, that the security would be impaired or endangered by the proposed division. When any application proposes the division of the land into irregular tracts or tracts other than the regular government subdivisions, the applicant shall file with the commissioner a plat of the land showing the boundaries and area in acres [hectares] of each subdivision. The commissioner shall collect a fee of five dollars for each new contract issued under the provisions of this section.
15-08-10. Surrender of contract and issuance of new contract and deed for railroad right of way. The board of university and school lands may cause a new contract to be issued to the holder of any contract for the purchase of land subject to its control and a conveyance to be made to a railroad company for railroad right of way when the holder of the contract shall: 1. Surrender the original contract to the board; 2. Present satisfactory evidence that a railroad has been located and established across the land included in the contract after the issuance thereof; 3. File a plat of the land showing the exact location, width, and area in acres [hectares] of the land required for the right of way; 4. Pay to the commissioner the balance of the purchase price under the contract and all interest and taxes thereon to date for the acreage [hectarage] required for the right of way; and 5. Make application in writing for the cancellation of the contract and the issuance to the applicant of a new contract for the land, less the acreage [hectarage] required for the right of way. The commissioner of university and school lands shall collect a fee of five dollars for each new contract and for each conveyance made under the provisions of this section.