Repealed by S.L. 1985, ch. 103, § 10.
28-01-42. Cancellation or enforcement of contract for sale of real estate - Limitation - When time begins to run - Commencement of proceedings. No action or proceeding may be maintained by a person out of possession to cancel or enforce any contract for the sale or conveyance of real estate, after twenty years from the date of said contract, as shown by the record of such instrument, or after twenty years from the date of recording of any instrument which describes or refers to such contract, which itself is not of record, unless the record of such contract or other instrument shows that less than ten years have elapsed since the due date of the last payment on the indebtedness or part thereof, secured thereby, or since the claim for relief has accrued thereon, or unless the record shows an extension of the maturity of the instrument or of the debt or a part thereof, and that ten years from the expiration of the time of such extension has not yet expired. The limitation of this section may not be extended by the nonresidence of any plaintiff or defendant or of any vendor or vendee, nor by reason of any payment made after the due date of the last payment on the indebtedness or part thereof, nor by reason of any disability of any party interested in the contract.
28-01-43. Foreclosure of real estate mortgage - Limitation - When time begins to run - Commencement of proceedings. Repealed by S.L. 1963, ch. 256, § 4.
28-01-44. Limitation of action - Person submitting plans for improvements to real estate. 1. No action, whether in contract, oral or written, in tort or otherwise, to recover damages: a. For any deficiency in the design, planning, supervision, or observation of construction or construction of an improvement to real property; b. For injury to property, real or personal, arising out of any such deficiency; or c. For injury to the person or for wrongful death arising out of any such deficiency, may be brought against any person performing or furnishing the design, planning, supervision, or observation of construction, or construction of such an improvement more than ten years after substantial completion of such an improvement. 2. Notwithstanding the provisions of subsection 1, in the case of such an injury to property or the person or such an injury causing wrongful death, which injury occurred during the tenth year after such substantial completion, an action in tort to recover damages for such an injury or wrongful death may be brought within two years after the date on which such injury occurred, irrespective of the date of death, but in no event may such an action be brought more than twelve years after the substantial completion of construction of such an improvement. Nothing in this section may be construed as extending the period prescribed by the laws of this state for the bringing of any action. 3. The limitation prescribed by this section may not be asserted by way of defense by any person in actual possession or the control, as owner, tenant, or otherwise, of such an improvement at the time any deficiency in such an improvement constitutes the proximate cause of the injury or death for which it is proposed to bring an action. 4. As used in this section, the term "person" means an individual, corporation, partnership, business trust, unincorporated organization, association, or joint stock company.