Title 1, General Provisions

The execution, acknowledgment, filing, and recording of all deeds, leases, mortgages, assignments, satisfactions, and other written instruments affecting the title to real property in this state, in good faith made, taken, or certified, and which have been filed or recorded in th…

The acts of each properly appointed and constituted executor, administrator, guardian, officer of a corporation, manager of a limited liability company, deputy public officer, and attorney in fact, done in good faith, in the execution and acknowledgment of any instrument mentione…

The acts of every notary public, county justice, or other officer, done in good faith in taking or certifying to the acknowledgment of any instrument mentioned in section 1-04-01, whether within or without the state, and whether such officer was qualified by law at the time to do…

Good faith is presumed on the part of each person and officer in the execution, acknowledgment, filing, and recording of such instruments as are mentioned in section 1-04-01, and it is presumed prima facie that each officer acted therein within the scope of that officer's authori…

Any instrument affecting a lien upon, title to, or interest in, real estate executed and acknowledged in good faith by the treasurer or cashier in behalf of any loan, trust, or banking corporation, or by the regional treasurer of any United States corporation, prior to July 1, 19…

If any instrument affecting real or personal property in this state heretofore executed by or to any person purporting to act in a representative capacity fails clearly to identify the beneficiary and the nature of the trust, the person by or to whom such instrument was executed,…

Any assignment of a mortgage upon property within this state heretofore made by any executor or administrator appointed in any other state or foreign country on the estate of any person where no executor or administrator had been appointed in this state, if such executor or admin…

Any deed to real property in this state made by the duly appointed and qualified receiver of a foreign corporation prior to January 1, 1943, under order of a foreign court having jurisdiction of such corporation, hereby is declared valid and sufficient. In any such case there sha…

Any corporation organized otherwise than under the laws of this state, having acquired, or attempted to acquire, or to convey legal title by deed or lease to any real property in this state, before complying with the provisions of North Dakota law governing foreign corporations, …

Any deed, judgment, decree, mortgage foreclosure, or other transfer, including a sheriff's certificate of sale, affecting the title to real property in this state, in good faith taken, made, or rendered in favor or in the name of a deceased person, or in the name of the estate of…

If a sheriff's certificate of sale of any real property in this state, made in favor or in the name of a deceased person, or of the estate of a deceased person, or the executor or administrator thereof, prior to January 1, 1943, on which a sheriff's deed has not been issued, it i…

In any case where a married man or woman, prior to January 1, 1943, conveyed real property which may have been the homestead of the husband, or the wife, or the family, by a deed duly signed and acknowledged by the husband or wife only, but not signed by the other, and the husban…

The record in the office of the recorder, prior to January 1, 1943, of a deed, mortgage, or assignment of mortgage which has failed to contain the post-office address of the grantee, mortgagee, or assignee named in such deed, mortgage, or assignment as provided by section 35-03-0…

Notwithstanding the provisions of sections 47-10-21 and 47-10-22: 1. All reservations of minerals or mineral deposits other than coal, contained in all deeds and transfers of real property in this state; and 2. All conveyances and transfers of minerals or mineral deposits other t…

All confirmations, approvals, and adoptions of oil and gas leases made by any board of county commissioners prior to July 1, 1941, and which comply substantially with the terms and conditions of chapter 38-09, are declared valid.

A lease made for any of the purposes mentioned in section 30-13-05 and which has been executed and delivered under the authority of an order of a county court having jurisdiction, or which was approved by such court prior to March 7, 1941, is declared legal and valid.

All oil and gas leases executed prior to July 1, 1941, by the governing body of a township, city, school district, or park district, covering lands under its control, are declared to be valid.

Any record of a mineral deed actually made in the office of the recorder of any county of this state prior to March 7, 1941, is declared to be valid and fully operative as constructive notice though it was not certified for transfer by the county auditor as provided by section 11…

Every conveyance of real estate made prior to January 1, 1943, by an executor or administrator of an estate pursuant to a decree of specific performance rendered by any county court of this state, as provided by section 30-13-12, without the entry of a subsequent order or judgmen…

Any transfer of any legal or equitable title to or interest in any real property in the state of North Dakota made prior to March 5, 1943, by any person, firm, or corporation to himself, herself, or such firm or corporation and any other person or persons, firm or firms, corporat…

Any and all acknowledgments taken before March 5, 1943, and subsequent to September 16, 1940, in substantial compliance with the provisions of sections 47-19-17 and 47-19-31 are hereby declared legal and valid for all purposes and to the same extent as acknowledgments taken subse…

The record in the office of the recorder, prior to January 1, 1955, of a deed, mortgage, or assignment of mortgage which has failed to contain the post-office address of the grantee, mortgagee, or assignee named in such deed, mortgage, or assignment as provided by section 35-03-0…

Any sale of real estate made under execution or in foreclosure of a mortgage, prior to January 1, 1943, hereby is declared to be legal and valid for all purposes though the sheriff's certificate of sale issued in completion of such sale was not filed for record in the office of t…

All sales of real estate made in proceedings for the foreclosure of mortgages prior to January 1, 1943, hereby are declared legal and valid for all purposes even though: 1. The power of attorney to foreclose was not recorded in the office of the recorder of the county wherein sai…

Any sale of real estate under a judgment of foreclosure entered prior to the passage and taking effect of this code hereby is declared legal and valid for all purposes, though any assignment of the mortgage foreclosed was not recorded prior to the institution of the action to for…

If any real estate mortgage given prior to January 1, 1943, was foreclosed in any action or proceeding by a foreign executor, administrator, or guardian, such foreclosure, after six months from and after the date this code takes effect, may not be set aside by reason of the appoi…

From and after January 1, 1944, no action may be commenced or maintained, and no defense or counterclaim in any action shall be recognized, in the courts of this state, upon the ground that any real estate mortgage foreclosure, sale in connection with which was had prior to Janua…

After January 1, 1944, all proceedings for and preliminary to the foreclosure of a real estate mortgage if sale was had prior to January 1, 1943, are deemed valid and sufficient notwithstanding the defects enumerated in section 1-05-05.

Any sale of real estate heretofore or hereafter made upon the foreclosure of a mortgage executed prior to July 1, 1919, is declared legal and valid for all purposes though no notice of intention to foreclose has been given or served as required by section 32-19-20.

All acts done prior to March 9, 1937, in connection with the calling, giving notice, holding, or in anywise appertaining to a special election held in any city on the question of erecting, operating, and maintaining an electric light and power plant, site, buildings, and equipmen…

All acts or proceedings irregularly done or had, by any board of county commissioners and the state highway commission, prior to February 13, 1929, for the acquisition of any land to constitute part of any state highway, or for any state highway purpose, whether acquired by purch…

All acts and proceedings of the water commission done and performed by said commission under and pursuant to the provisions of chapter 61-02 are declared valid in all things.

The organization of any irrigation district prior to the passage, approval, and taking effect of this code in substantial compliance with the provisions of the statutes of this state authorizing the organization of irrigation districts is hereby declared to be a valid and legal d…

Any sale or transfer of lands acquired by any municipality under the provisions of section 11-27-08, by any governing body of any municipality or park district in this state is hereby validated and confirmed and declared to be fully effective and operative to convey the estates t…

In all cases where the governing body of any city with a population of over ten thousand has heretofore entered into an agreement with the department of transportation of the state of North Dakota for the improvement of streets and construction of street lights, sewers, water mai…

Licenses, permits, or other authorizations provided for by the statutes, ordinances, resolutions, or rules of this state, any city, county, school district, or other political subdivision which were executed with a facsimile signature which was on file with the appropriate office…

In this chapter, unless the context or subject matter otherwise requires: 1. "Bonds" include bonds, notes, warrants, debentures, certificates of indebtedness, temporary bonds, temporary notes, interim receipts, interim certificates, and all instruments or obligations evidencing o…

All bonds issued prior to July 1, 1937, for the purpose of financing or aiding in the financing of any work, undertaking, or project by any public body to which any loan or grant heretofore has been made by the United States through the federal emergency administrator of public w…

All proceedings, taken prior to July 1, 1937, for the purpose of financing or aiding in the financing of any work, undertaking, or project by any public body or by any board of flood irrigation to which any loan or grant is under contract to be made by the United States through t…

Validations heretofore effected by legislative enactment of defective or irregular procedure in the creation, execution, or issuance of bonds or any other forms of public securities of any municipality, and validations of debts, bonds, or other public securities of such municipal…

All elections held prior to February 1, 1939, for the purpose of voting on the issuance of bonds for the joint construction of a water and sewer system are declared legal and valid notwithstanding the combination of such purposes in the question submitted to the voters.

All sales of real property for delinquent special assessments, or installments thereof, made prior to March 17, 1937, by any county auditor under section 40-25-09 hereby are declared to be valid sales notwithstanding the fact that the real property subject to sale for delinquent …

Where the officers of any incorporated city of this state, prior to July 1, 1929, have purchased, erected, operated, maintained, enlarged, improved, extended, or leased from any person, firm, or corporation, or sold or leased to any person, firm, or corporation, any electric plan…

Any publication of any nature, required by law to be made in an official or legal newspaper and made prior to January 1, 1943, in any newspaper published in the state of North Dakota, is declared valid and of the same force and effect as though made in full compliance with the th…

Devises, legacies, bequests, and gifts may be made lawfully to any state educational, charitable, or penal institution, and the title to any property, real, personal, or mixed which shall be devised, bequeathed, or given to any such institution, or to the state of North Dakota fo…

All devises, bequests, legacies, and gifts made, executed, and delivered, prior to January 1, 1943, to any state educational, charitable, or penal institution, whether vested or not, and whether executed or executory, accrued or to accrue, and all provisions in any will making an…