Title 43, Occupations and Professions
99 chapters · 1,335 sections in this title.
N.D.C.C. § 43-01-01 Board - Definition
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Whenever the word "board" is used in this chapter it means the abstracters' board of examiners.
N.D.C.C. § 43-01-02 Abstracters' board of examiners - Appointment - Term of office - Vacancies
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The abstracters' board of examiners shall consist of three members each of whom must be appointed by the governor for a term of six years, with the terms of office so arranged that one term and only one expires on March thirty-first of every odd-numbered year. One member of the b…
N.D.C.C. § 43-01-03 Officers of board - Power to administer oaths
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At the first meeting of the board subsequent to the thirty-first day of March in each odd-numbered year, the members of the board shall elect a president and secretary-treasurer. The president must be a member of the board. The secretary-treasurer may not be a member of the board…
N.D.C.C. § 43-01-04 Compensation
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A member of the board is entitled to receive compensation in an amount fixed by the board for each day or portion of a day the member is actually engaged in the performance of official duties and such mileage reimbursement as is provided for in section 54-06-09. In addition there…
N.D.C.C. § 43-01-05 Duties of board - Power to make rules - Seal
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The board shall carry out the purposes and enforce the provisions of this chapter and shall make such rules and regulations as are necessary for the performance of its duties. The board shall have a seal.
N.D.C.C. § 43-01-06 Biennial report
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The board may submit a biennial report to the governor and the secretary of state in accordance with section 54-06-04.
N.D.C.C. § 43-01-07 Moneys of board - How disbursed
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Moneys collected for the board under this chapter must be kept by the secretary-treasurer and disbursed only on warrants signed by the president and the secretary-treasurer. All expenses incident to the examinations required under this chapter, the expenses of preparing and issui…
N.D.C.C. § 43-01-08 Records of board
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The board shall keep a register wherein it shall enter the name of each applicant for registration under the provisions of this chapter, with the applicant's place of residence and such other information as may be appropriate, and the board shall cause to be entered therein the a…
N.D.C.C. § 43-01-09 Requirements of abstracter of title - Records - Certificate of registration bond or liability policy
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Before any person, firm, corporation, or limited liability company may engage in the business of making and compiling abstracts of title to real estate within this state, the person or it shall: 1. Have and maintain in such business a complete tract index and all instruments of r…
N.D.C.C. § 43-01-10 Certificate of registration - Application - Examination - Fee
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Any person, firm, corporation, or limited liability company desiring to obtain a certificate of authority under subsection 2 of section 43-01-09 shall make application therefor to the board and shall pay to the secretary-treasurer thereof an examination fee not exceeding the actu…
N.D.C.C. § 43-01-10.1 Conviction not bar to certification - Exceptions
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Conviction of an offense shall not disqualify a person, firm, corporation, or limited liability company from certification under this chapter unless the board determines that the offense has a direct bearing upon a person's ability to serve the public as an abstracter or that, fo…
N.D.C.C. § 43-01-11 Bonds or liability policy - Deductible policy permitted
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Before a certificate of authority may be issued, the applicant therefor shall file with the secretary-treasurer of the board a surety bond in favor of the state, or an abstracter's liability policy to be approved by the board as to form, sufficiency, and surety thereof and writte…
N.D.C.C. § 43-01-12 Board may require additional security on abstracter's bond
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The board, upon thirty days' notice, may require any person, firm, corporation, or limited liability company holding a certificate of authority to furnish additional bond or additional abstracter's liability coverage as to the board seems proper, and to show cause why any bond or…
N.D.C.C. § 43-01-13 Seal of abstracter
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Any person, firm, corporation, or limited liability company furnishing abstracts of title to real property under the provisions of this chapter shall have a seal which has stamped on it the name and location of such person, firm, corporation, or limited liability company. An impr…
N.D.C.C. § 43-01-14 Certification of authority - Fee - Renewal
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A certificate of authority must be issued to an applicant who successfully passes the examination of the board and complies with the other provisions of this chapter, upon the payment of the registration fee fixed by the board not exceeding one hundred dollars, which must be in a…
N.D.C.C. § 43-01-15 Authority and duty of abstracter under certificate
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The certificate of authority shall authorize the person, firm, corporation, or limited liability company named therein to engage in and carry on the business of an abstracter of real estate titles in the county in which the abstracter's place of business is located and for that p…
N.D.C.C. § 43-01-15.1 Surface abstracts and mineral abstracts to be furnished upon request - Zoning and subdivision exclusion upon request
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An abstracter shall furnish an abstract of title to the surface of any tract of land, when requested to do so, omitting therefrom all instruments of transfer or conveyance of mineral rights, royalties, and other mineral interests except instruments which sever mineral rights or r…
N.D.C.C. § 43-01-16 Cancellation or denial of certificate - Discipline
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The board, after receiving a written and signed complaint alleging a violation of any ground for discipline under this section and upon thirty days' notice, may require any person, firm, corporation, or limited liability company holding a certificate of authority, or any person h…
N.D.C.C. § 43-01-17 Appeal from cancellation of certificate
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Upon the denial of an application for a certificate of authority, or an applicant for a certificate of registered abstracter, or upon the cancellation of either a certificate of authority or a certificate of registered abstracter, the applicant or the holder thereof may appeal fr…
N.D.C.C. § 43-01-18 Fees chargeable by abstracter - Adjustments
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1. An abstracter may charge no more than the following fees for making and certifying to an abstract: a. For each entry on an abstract or continuation of an entry on an abstract, eighteen dollars. b. For a complete certification covering the records of the several county offices,…
N.D.C.C. § 43-01-19 County officers may certify abstracts
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This chapter does not prevent the recorder, county treasurer, or clerk of court from certifying to abstracts of title to lands from the records of their respective offices. Each officer, however, is liable on the officer's official bond for the faithful performance of all acts pe…
N.D.C.C. § 43-01-20 Penalty
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Any person making, compiling, or certifying to an abstract of title to real property in this state without first having complied with the provisions of this chapter is guilty of a class B misdemeanor.
N.D.C.C. § 43-01-21 Abstract prima facie evidence of title - When recorded
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If the records of deeds, mortgages, liens, judgments, and instruments of like nature in any county have been lost or destroyed, the abstract prepared by a regularly bonded abstracter of said county must be deemed prima facie evidence of title, and such regularly certified abstrac…
N.D.C.C. § 43-01-22 Abstract prepared by regularly bonded abstracter is evidence
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Abstracts prepared by an official abstracter must be received as evidence in all courts and are prima facie evidence in all courts and places of the facts stated therein.
N.D.C.C. § 43-01-23 Temporary authority of an abstracter to act in an additional county
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1. If it appears to the board that there is no abstracter authorized to engage in and carry on the business of an abstracter of real estate titles in a county or that there is an authorized abstracter in a county who is unable to perform the duties of an abstracter due to death, …
N.D.C.C. § 43-01-24 Utility easement documentation abstracts upon request
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Upon request, an abstracter shall furnish an abstract to title to the surface of any tract of land omitting documents that affect utility easements, except for the initial document severing the interest from the surface and a document limiting, modifying, or releasing the interes…