Title 35 — Liens

Any person who submits for filing or recording to the office of a filing officer any document purporting to create a nonconsensual common-law lien against real or personal property is liable to the person against whom the lien is claimed for actual damages or one thousand dollars…

As used in this chapter, unless the context otherwise requires: 1. "Default" means failure of the lessee to pay the rent and other charges at the time and in the manner set forth in the rental agreement. 2. "Last-known address" means the address provided by the lessee in the late…

The owner of a portable storage unit has a lien on all personal property stored under a rental agreement in a portable storage unit for rent, labor, and other charges, and for expenses reasonably incurred in the sale or other disposition of the property under law. This lien is su…

Unless the rental agreement provides otherwise, until a sale under this chapter, the lessee is responsible for the care, custody, and control of all property stored in the portable storage unit unless the owner secures the property elsewhere during the sale proceedings.

1. Before conducting a sale, the owner shall deliver in person or send by certified mail a notice of default to prior lienholders and to the lessee at the lessee's last-known address. A notice under this section is presumed delivered if the notice is deposited with the United Sta…

At any time before the sale, the lessee may pay the amount necessary to satisfy the lien and redeem the lessee's property. If a sale is held, the owner shall satisfy the lien from the proceeds of the sale and hold the balance, if any, for delivery on demand to the lessee or any o…

A purchaser in good faith of any property sold under this chapter takes the property clear of any rights of persons against whom the lien was valid, subject to the rights of prior lienholders.

If the owner complies with this chapter, the owner's liability to the lessee is limited to the application of the proceeds received from the sale of the property necessary to satisfy the lien. The owner's liability to other lienholders is limited to the proceeds received from the…

Any rental agreement entered before August 1, 2009, remains valid and may be enforced or terminated in accordance with its terms or as permitted by law.

The sale proceedings in this chapter are sufficient to provide the instruments or documents of authority to obtain a transfer of title to vehicles under section 39-05-19. However, the rights of a prior listed lienholder are not affected by this transfer and the department may not…

As used in this chapter: 1. "First purchaser" means the first person who purchases oil or gas from an interest owner at or after the time the oil or gas is severed. 2. "Interest owner" means a person owning an entire or fractional interest of any kind or nature in the oil or gas …

The validity of the security interest and lien granted to an interest owner under this chapter is not dependent upon possession of the oil or gas by an interest owner or operator and a security interest or lien does not become or may not be deemed to be void or expired by reason …

Neither this chapter nor the filing of a lien permitted under this chapter affects the time at which legal title to the oil and gas may pass from an interest owner or operator to a first purchaser or the ownership of the oil and gas before severed as reflected by the records affe…