Title 47, Property

An officer taking proof of the execution of an instrument must set forth in the officer's certificate, endorsed thereon or attached thereto: 1. All the matters required by law to be done or known by the officer; 2. All the matters required by law to be proved before the officer o…

An officer taking an acknowledgment of an instrument within this state must endorse on, or attach to, the instrument a certificate substantially in the forms prescribed in sections 47-19-27, 47-19-28, 47-19-29, and 47-19-30 or in subsections 1 and 2 of section 44-06.1-19.

A certificate of acknowledgment, unless otherwise provided in this chapter, must be in substantially the following form: STATE OF NORTH DAKOTA ) County of ___________ ) On this _____ day of __________, in the year _________ before me personally appeared _____________, known to me…

The certificate of acknowledgment of an instrument executed by a corporation must be substantially in the following form: STATE OF NORTH DAKOTA ) County of ___________ ) On this ______ day of __________, in the year _________ before me (here insert the name and quality of the off…

The certificate of acknowledgment of an instrument executed by a limited liability company must be substantially in the following form: STATE OF NORTH DAKOTA ) County of ___________ ) On this ______ day of __________, in the year _________ before me (here insert the name and qual…

The certificate of acknowledgment by an attorney in fact must be substantially in the following form: STATE OF NORTH DAKOTA ) County of ___________ ) On this _____ day of _____________, in the year _________ before me (here insert the name and quality of the officer), personally …

All acknowledgments of deeds or other instruments in writing made by any deputy sheriff of this state shall be made substantially in the following form: STATE OF NORTH DAKOTA ) County of ___________ ) On this _____ day of __________, in the year ______ before me, a ________, in a…

An officer taking and certifying an acknowledgment or proof of an instrument for record must authenticate the officer's certificate by affixing thereto: 1. The officer's signature followed by the name of the officer's office; and 2. The officer's seal of office, if by the laws of…

An individual authorized by law to take or receive the proof or acknowledgment of the execution of an instrument or affidavit and to certify to the same may not take or receive the proof, acknowledgment, or affidavit or certify to the same if that individual is a party to the ins…

No provision in any of the laws of this state, relating to the proof and acknowledgment of instruments and the taking of affidavits, shall be construed to invalidate or affect the proof or acknowledgment, affidavit, or the certificate thereof, of any instrument to which a corpora…

All officers and persons, authorized by law to take the proof or acknowledgment of an instrument or affidavit and to certify thereto, may take such proof or acknowledgment and certify to the same in any case not prohibited by this chapter.

Officers authorized to take the proof of instruments are authorized in such proceedings: 1. To administer oaths or affirmations; 2. To employ and swear interpreters; and 3. To issue subpoenas, obedience to which may be enforced as provided by title 28.

When the acknowledgment or proof of execution of an instrument is made properly but is defectively certified, any party interested may institute an action in the district court to obtain a judgment correcting the certificate.

Any person interested under an instrument entitled to be proved for record may institute an action in the district court against the proper parties to obtain a judgment proving such instrument.

A certified copy of the judgment in a proceeding instituted under sections 47-19-38 and 47-19-39 showing the proof of the instrument and attached thereto entitles the instrument to record with like effect as if acknowledged.

An unrecorded conveyance of real estate is void as against any subsequent purchaser in good faith, and for a valuable consideration, of the same real estate or any part of the same real estate, regardless of whether recorded in the form of a warranty deed or deed of quitclaim and…

The term "conveyance" as used in section 47-19-41 shall include every instrument in writing by which any estate or interest in real property is created, aliened, mortgaged, or encumbered, or by which the title to any real property may be affected, except a will or power of attorn…

A conveyance is not void or voidable solely because the grantee in the conveyance is a trust, rather than the trustee of the trust, or is an estate, rather than the personal representative of the estate, if the identity of the grantee is reasonably ascertainable from the conveyan…

The word "purchaser" as used in section 47-19-41 shall include every person to whom any estate or interest in real estate is conveyed for a valuable consideration, and also every assignee of a mortgage, lease, or other conditional estate.

No instrument containing a power to convey or execute instruments affecting real property, which has been recorded, is revoked by any act of the party by whom it was executed, unless the instrument containing such revocation also is acknowledged or proved, certified, and recorded…

The depositing with the proper officer for record of any instrument shall be constructive notice of the execution of such instrument to all purchasers and encumbrancers subsequent to such depositing, if such instrument is subsequently recorded. All instruments entitled to record,…

An unrecorded instrument is valid as between the parties thereto and those who have notice thereof. Knowledge of the record of an instrument out of the chain of title does not constitute such notice, provided, however, that the record of a mortgage, deed, or other conveyance prio…

Any owner of a farm in the state may have the name of the person's farm, together with a description of the person's land to which said name applies, recorded in a register kept for that purpose in the office of the recorder of the county in which said farm is located. The record…

When any owner of a farm, the name of which has been recorded as provided in section 47-19-47, the owner's heirs, executors, or administrators, transfers by deed or otherwise, the whole of such farm, such transfer may include the registered name thereof. If it is desired to trans…

Whenever any owner of a registered farm, or the owner's heirs, executors, or administrators, desires to cancel the registered name thereof, it shall be accomplished in the same manner as is provided for cancellation of real estate mortgages.

A bill of sale or other instrument transferring the title to personal property shall be entitled to be filed in the office of the recorder of the county where the property, or any part thereof, covered by such instrument is at the time situated when: 1. The instrument is signed b…

The filing of a bill of sale or other instrument which transfers the title to personal property shall operate as notice thereof to all subsequent purchasers and encumbrancers of so much of said property as is situated, at the time of such filing, in the county wherein such instru…

The recorder shall cancel and discharge, upon the records in the recorder's office, any bill of sale, upon the filing of a release executed by both parties to the instrument.

When a petition for bankruptcy, or a decree of adjudication, or an order approving the trustee's bond is made, pursuant to the Federal Bankruptcy Act of 1898, as amended by the Bankruptcy Act of 1938, Chapter 575, 52 Statutes 840, Section 21g, the bankrupt, trustee, receiver, cus…

Any contract for deed for the sale of real property held in joint tenancy shall not have the effect of dissolving the joint tenancy relationship of the vendors if such contract for deed is executed by all the joint tenants unless otherwise specifically provided in the instrument.

A North Dakota notary may perform a notarial act in another state if that state recognizes the notary's authority within that state.

When a change in the name or identity of a corporate mortgagee or assignee of the mortgagee is caused by or results from a merger, consolidation, amendment to charter or articles of incorporation, or conversion of articles of incorporation or charter from federal to state, from s…

1. An assignment, satisfaction, or release is entitled to be recorded in the office of the county recorder and is sufficient to assign, satisfy, or release a mortgage if: a. A mortgage is granted to a mortgagee as nominee or agent for a third party identified in the mortgage, and…

A tax must be levied and collected for the act or privilege of selling, licensing, or otherwise disposing of performing rights in music or dramatico-musical compositions in this state, in an amount equal to five percent of the gross receipts of all such sales, licenses, or other …

The provisions of chapter 57-39.2, pertaining to the administration of the retail sales tax, including provisions for penalty and interest, not in conflict with the provisions of this chapter, shall govern the administration of the tax levied by this chapter.

Any person who violates the provisions of this chapter is guilty of a class A misdemeanor.

As used in this chapter, unless the context otherwise requires, the term: 1. "Applicant" embraces the person filing an application for registration of a mark under this chapter and that person's legal representatives, successors, or assigns. 2. "Mark" includes any trademark or se…

A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not be registered if it: 1. Consists of or comprises immoral, deceptive, or scandalous matter; 2. Consists of or comprises matter which may disp…

Subject to the limitations set forth in this chapter, any person who adopts and uses a mark in this state may file in the office of the secretary of state, on a form to be furnished by the secretary of state, an application for registration of that mark setting forth, but not lim…

Upon compliance by the applicant with the requirements of this chapter, the secretary of state shall cause a certificate of registration to be issued and delivered to the applicant. The certificate of registration must be issued under the signature of the secretary of state and t…

Registration of a mark hereunder is effective for a term of ten years from the date of registration and, upon application filed prior to the expiration of such term, on a form to be furnished by the secretary of state, the registration may be renewed in the same manner as a new a…

Any mark and its registration hereunder shall be assignable with the goodwill of the business in which the mark is used, or with that part of the goodwill of the business connected with the use of and symbolized by the mark. Assignment must be made by the assignor on forms provid…

Any registrant that effects a name change must record that name change with the secretary of state. The secretary of state must record the name change upon the payment of a fee of thirty dollars and filing of the following: 1. A notarized statement reciting the name change if the…

The secretary of state shall keep for public examination a record of all marks registered or renewed under this chapter.

The secretary of state shall cancel from the register: 1. Any registration concerning which the secretary of state shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record on forms prescribed by the secretary of state. 2. All regist…

The following general classes of goods and services are established for convenience of administration of this chapter, but not to limit or extend the applicant's or registrant's rights, and a single application for registration of a mark may include any or all goods upon which, o…