Prerequisites to recording instruments

N.D.C.C. § 47-19-03 — under Record Title.

N.D.C.C. § 47-19-03

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.

47-19-03.1. Deeds and contracts for deeds to include name and address of drafter of legal description. 1. The recorder may not record a deed or contract for deed containing a metes and bounds legal description which affects the title to or possession of real property that otherwise may be recorded under this chapter unless the name and address of the individual who drafted the legal description contained in the deed or contract for deed appears on the instrument in a legible manner. 2. A deed or contract for deed complies with this section if it contains a statement substantially in the following form: "The legal description was prepared by ________________ (name) ________________ (address) or obtained from a previously recorded instrument." The recording of an instrument containing a metes and bounds legal description obtained from a previously recorded instrument of conveyance under this section may not be rejected based on section 57-02-39. 3. This section does not apply to any instrument executed before January 1, 2000, or any instrument executed or acknowledged outside the state. The validity and effect of the

record of any instrument in a recorder's office may not be lessened or impaired by the fact the instrument does not contain the statement required by this section.