Title 47 — Property

The ownership of a thing shall mean the right of one or more persons to possess and use it to the exclusion of others. In this code the thing of which there may be ownership is called property.

Property is: 1. Real or immovable; or 2. Personal or movable.

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 appurtenan…

Land is the solid material of the earth, whatever may be the ingredients of which it is composed, whether soil, rock, or other substance.

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…

A thing is deemed to be incidental or appurtenant to land when it by right is used with the land for its benefit, as in the case of a way or watercourse, or of a passage for light, air, or heat from or across the land of another. Sluice boxes, flumes, hose, pipes, railway tracks,…

Personal property shall mean and include every kind of property that is not real.

There may be ownership of the following: 1. All inanimate things which are capable of appropriation or of manual delivery. 2. All domestic animals. 3. All obligations. 4. Such products of labor or skill as the composition of an author, the good will of a business, trademarks, sig…

All property in this state has an owner, whether that owner is the United States or the state, and the property public, or the owner an individual, and the property private. The state also may hold property as a private proprietor. 47-01-10. State ownership - Property appropriate…

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.

The owner of land in fee has the right to the surface and to everything permanently situated beneath or above it.

Repealed by S.L. 1963, ch. 419, § 7.

Repealed by S.L. 1995, ch. 435, § 2.

Except when the grant under which the land is held indicates a different intent, the owner of the upland, when it borders on a navigable lake or stream, takes to the edge of the lake or stream at low water mark. All navigable rivers shall remain and be deemed public highways. In …

An owner of land bounded by a road or street is presumed to own to the center of the way, but the contrary may be shown. 47-01-17. Tree occupying lands of adjacent owner - Ownership determined from trunk. Trees whose trunks stand wholly upon the land of one owner belong exclusive…

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…

Coterminous owners are mutually bound to maintain equally the boundaries and monuments between them.

The owner of a thing also owns all its products and accessions.

Property may be acquired by: 1. Occupancy; 2. Accession; 3. Transfer; 4. Will; or 5. Succession.

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 tem…

A landowner may not be held liable for a claim resulting from the use or condition of a road across the landowner's property unless the landowner is primarily and directly responsible for the construction and maintenance of the road or an affirmative act of the landowner causes o…