Title 47 — Property

A grant may be deposited by the grantor with a third person to be delivered on the performance of a condition, and on delivery by the depositary it will take effect. While in the possession of the third person and subject to condition, it is called an escrow.

Though a grant is not actually delivered into the possession of the grantee, it is yet to be deemed constructively delivered in the following cases: 1. When, by the agreement of the parties, the instrument is understood to be delivered at the time of execution and the circumstanc…

Redelivering a grant of real property to the grantor, or canceling it, does not operate to retransfer the title.

Grants shall be interpreted in like manner with contracts in general except so far as is otherwise provided by this chapter. If the operative words of a grant are doubtful, recourse may be had to its recitals to assist the construction, and if several parts of a grant are absolut…

If any instrument relating to real or personal property shall be executed by or to any person as trustee, guardian, executor, administrator, or in any other representative capacity, and shall fail to identify clearly the beneficiary by name and the nature of the trust, the qualif…

A grant shall be interpreted in favor of the grantee, except that a reservation in any grant, and every grant by a public officer or body, as such, to a private party, is to be interpreted in favor of the grantor.

When a future interest is limited by a grant to take effect on the death of any person without heirs, or heirs of the person's body, without issue, or in equivalent words, such words must be taken to mean successors or issue living at the death of the person named as ancestor.

Words of inheritance or succession shall not be requisite to transfer a fee in real property.

A transfer vests in the transferee all the actual title to the thing transferred which the transferor then has unless a different intention is expressed or is necessarily implied. It also transfers all its incidents unless expressly excepted, but the transfer of an incident to a …

A present interest and the benefit of a condition or covenant respecting property may be taken by any natural person under a grant although not named a party thereto.

A transfer of land between any federal, state, or local governmental entities must have a deed with a proper legal description filed with the county recorder.

An estate in real property, other than an estate at will or for a term not exceeding one year, can be transferred only by operation of law or by an instrument in writing, subscribed by the party disposing of the same or by the party's agent thereunto authorized by writing. This d…

An agreement to sell real property binds the seller to execute a conveyance in form sufficient to pass the title to the property.

1. Unless the transaction is exempted under subsection 7, this section applies to a transaction for the sale, exchange, or purchase of real property if: a. A real estate broker, real estate broker associate, or real estate salesperson who is associated with a real estate brokerag…

1. As used in this section: a. "Buyer" means a person negotiating or offering to acquire real property for value or legal or equitable title, or the right to acquire legal or equitable title to residential real property. b. "Mitigation" means measures designed to permanently redu…

1. As used in this section: a. "Condominium" has the same meaning as provided under section 47-04.1-01. b. "Condominium project" means a real property development or plan consisting of a condominium. c. "Homeowners' association" means an organization making and enforcing rules an…

An agreement on the part of a seller of real property to give the usual covenants binds the seller to insert in the grant covenants of seizin, quiet enjoyment, further assurance, general warranty, and against encumbrances.

The covenants mentioned in section 47-10-03 must be in substance as follows: The party of the first part covenants with the party of the second part that the former now is seized in fee simple of the property granted, that the latter shall enjoy the same without any lawful distur…

The execution of a grant of an estate in real property to entitle the same to be recorded, if it is not acknowledged, must be proved by a subscribing witness or as otherwise provided in sections 47-19-23 and 47-19-24. The absence of the seal of any grantor or grantor's agent from…

An officer of any foreign or domestic corporation, or a manager of any foreign or domestic limited liability company, is presumed to have the power and authority to execute and acknowledge, in its behalf, any instrument granting, conveying, or otherwise affecting any interest in …

A grant of an estate in real property may be made in substance as follows: This grant made the ________ day of ______, in the year of ______, between A.B., of ______, of the first part, and C.D., of ______, of the second part, witnesseth: That the party of the first part hereby g…

Each deed executed in which real estate is described shall contain the post-office address, and any known or existing street address if within the corporate boundaries of a city, of each grantee named in such deed.

Every grant of an estate in real property is conclusive against the grantor and every one subsequently claiming under the grantor, except a purchaser or encumbrancer who in good faith and for a valuable consideration acquires a title or lien by an instrument that first is duly re…

A grant made by the owner of an estate for life or years, purporting to transfer a greater estate than the owner could transfer lawfully, does not work a forfeiture of the owner's estate but passes to the grantee all the estate which the grantor could lawfully transfer.

A transfer of land bounded by a highway, street, alley, or public right of way passes the title of the person whose estate is transferred to the soil of the highway, street, alley, or public right of way in front to the center thereof unless a different intent appears from the gr…

A transfer of real property passes all easements attached thereto and creates in favor thereof an easement to use other real property of the person whose estate is transferred in the same manner and to the same extent as such property obviously and permanently was used by the per…

Lineal and collateral warranties with all their incidents are abolished but the heirs and devisees of any person who has made any covenant or agreement in reference to the title of, in, or to any real property are answerable upon such covenant or agreement to the extent of the la…

A fee simple title is presumed to be intended to pass by a grant of real property unless it appears from the grant that a lesser estate was intended.

An instrument purporting to be a grant of real property to take effect upon a condition precedent passes the estate upon the performance of the condition.

When a person purports by proper instrument to convey real property in fee simple and subsequently acquires any title or claim of title to the real property, the real property passes by operation of law to the person to whom the property was conveyed or that person's successor. A…

The term encumbrances includes taxes, assessments, and all liens upon real property.

Whoever conveys real estate by deed or mortgage containing a covenant that it is free from all encumbrances, when an encumbrance appears of record to exist thereon, whether known or unknown to that person, shall be liable in an action of contract, to the grantee and the grantee's…

From the use of the word "grant" in any conveyance by which an estate of inheritance or fee simple is to be passed, the following covenants, and none other, on the part of the grantor for the grantor and the grantor's heirs to the grantee and the grantee's heirs and assigns, are …

Grants of rents, reversions, or remainders are good and effectual without attornments of the tenants, but no tenant, who before notice of the grant shall have paid rent to the grantor, must suffer any damage thereby.

Repealed by S.L. 1979, ch. 187, § 108.

Repealed by S.L. 1979, ch. 187, § 108.

Any person, firm, corporation, or limited liability company owning a legal or equitable title to or interest in any real property in the state of North Dakota may sell, transfer, and convey the same as grantor to the grantor and any other person, firm, corporation, or limited lia…

A nontestamentary transfer of real property between spouses shall be presumed to be for a consideration, and not a gift, unless otherwise stated in writing at the time of transfer. This presumption is conclusive.

(Retroactive application - See note) 1. All conveyances of mineral rights or royalties in real property in this state, excluding leases, must be construed to grant or convey to the grantee all minerals of any nature whatsoever except those minerals specifically excluded by name i…

In all deeds, grants, or conveyances of the title to the surface of real property executed on or after July 1, 1983, in which all or any portion of the minerals are reserved or excepted and thereby effectively precluded from being transferred with the surface, all minerals, of an…

The trustee of a trust that holds title to real property is presumed to have the power to sell, convey, and encumber the real property unless restrictions on that power appear in the records of the county recorder. 47-10-27. Manufactured homes - Affixation to real property - Conv…

The mode of transferring personal property other than the beneficial interest in an express trust is regulated, except as otherwise specifically provided in this title, in title 41.

The beneficial interest in an express trust can be transferred only by operation of law or by a written instrument subscribed by the person making the transfer or by the person's agent.

Repealed by S.L. 1971, ch. 452, § 3.

Repealed by S.L. 1971, ch. 452, § 3.

Repealed by S.L. 1971, ch. 452, § 3.

A gift is a transfer of personal property made voluntarily and without consideration.

An oral gift is not valid unless the means of obtaining possession and control of the thing are given, nor, if it is capable of delivery, unless there is an actual or symbolical delivery of the thing to the donee.

A gift, other than a gift in view of death, cannot be revoked by the giver.

A gift in view of death is one which is made in contemplation, fear, or peril of death and with intent that it shall take effect only in case of the death of the giver.