Title 47 — Property

1. This chapter may not be construed to limit the rights or dominance of a mineral estate to drill or recomplete a well under chapter 38-08. Injection or migration of substances into pore space for disposal operations, for secondary or tertiary oil recovery operations, or otherwi…

An action of eviction to recover the possession of real estate is maintainable in the proper district court when: 1. A party, by force, intimidation, fraud, or stealth, has entered upon the prior actual possession of real property of another and detains the same. 2. A party, afte…

During an eviction proceeding against a tenant of a mobile home park, a tenant may present a defense that the landlord violated a provision of section 47-10-28. If the court finds the landlord violated a provision of section 47-10-28, the court may not order an eviction. In a sec…

Executors and administrators may bring actions of eviction in the district courts in the same manner as their testators and intestates, as the case may be. 47-32-04. Eviction actions not joinable with other actions - Exception - When counterclaims only interposable. An action of …

As used in this chapter, unless the context otherwise requires: 1. "Private transfer fee" means a fee or charge required by a private transfer fee obligation and payable upon the transfer of an interest in real property, or payable for the right to make or accept this transfer, r…

A private transfer fee obligation recorded or entered in this state on or after August 1, 2011, does not run with the title to real property and is not binding on or enforceable at law or in equity against any subsequent owner, purchaser, or mortgagee of any interest in real prop…

Any person that records or enters an agreement imposing a private transfer fee obligation in that person's favor on or after August 1, 2011, is liable for any and all damages resulting from the imposition of the transfer fee obligation on the transfer of an interest in the real p…

A seller of real property shall furnish to any purchaser a written statement disclosing the existence of any private transfer fee obligation. This written statement must include a description of the private transfer fee obligation and must include a statement that private transfe…

1. For a private transfer fee obligation imposed before August 1, 2011, the receiver of the fee shall record, before December 31, 2011, against the real property subject to the private transfer fee obligation a separate document in the county records in which the real property is…

As used in this chapter: 1. "Closing agent" means a person that closes a real estate transaction in connection with the purchase, sale, or financing of an interest in real estate. The term does not include a lender or an employee of a lender that conducts a settlement or closing …

A closing agent may not make disbursements from an escrow account in connection with a real estate transaction unless funds that are received are good funds.

1. At or prior to closing, a closing agent may accept a cashier's check for loan funds, if that check is delivered to the closing agent by a local issuing bank, savings and loan association, credit union, or savings bank, located in the same county as the closing agent or in a co…

In a prominent manner in the closing documents, a closing agent shall disclose to the seller the anticipated closing date and all of the dates through which any loan payoffs are calculated.

In addition to any other cause of action that may exist, a person may bring a cause of action against a person that violates section 47-34-02. In addition to any actual damages a plaintiff may prove, a person that violates section 47-34-02 is liable to the plaintiff for five hund…

1. A document, however denominated, that is enforceable and creates or provides for a security interest in real property, whether or not it also creates or provides for a security interest in personal property, creates an assignment of rents arising from the real property describ…

1. An assignee's security interest in identifiable cash proceeds is perfected if its security interest in rents is perfected. An assignee's security interest in identifiable noncash proceeds is perfected only if the assignee perfects that interest in accordance with chapter 41-09…

1. A document creating an assignment of rents may be submitted for recording in the office of the recorder for the county in which the real property described in the document is located in the same manner as any other document evidencing a conveyance of an interest in real proper…

1. An assignee may enforce an assignment of rents using any method sufficient to enforce the assignment under law of this state, including notice to the assignor, notice to the tenant, and the appointment of a receiver. 2. From the date of enforcement, the assignee or, in the cas…

1. Except as otherwise provided in this section, this chapter governs the enforcement of an assignment of rents and the perfection and priority of a security interest in rents, even if the document creating the assignment was signed and delivered before August 1, 2013. 2. This ch…

For purposes of this chapter, unless the context otherwise requires: 1. "Account" means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of a user or provides goods or services to the user. 2…

1. This chapter applies to: a. A fiduciary acting under a will or power of attorney executed before, on, or after the effective date of this chapter; b. A personal representative acting for a decedent who died before, on, or after the effective date of this chapter; c. A conserva…

1. A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user's digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at al…

1. This chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user. 2. This chapter does not give a fiduciary or designated recipient any new or expanded rights other than those held by the us…

1. When disclosing digital assets of a user under this chapter, the custodian may at its sole discretion: a. Grant a fiduciary or designated recipient full access to the user's account; b. Grant a fiduciary or designated recipient partial access to the user's account sufficient t…

If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if th…

Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalog of electronic communications sent or received by the user and digital assets, other than th…

To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent give…

Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalog of electronic communications sen…

Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalog of electronic communications of the trustee and the content of electron…

1. After an opportunity for a hearing under section 30.1-29-07, the court may grant a conservator or guardian access to the digital assets of a protected person. 2. Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator or guard…

1. The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: a. The duty of care; b. The duty of loyalty; and c. The duty of confidentiality. 2. A fiduciary's or designated recipient's authority with resp…

1. Not later than sixty days after receipt of the information required under sections 47-36-06 through 47-36-14, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodia…

In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act [Pub. L. 106-229; 114 Stat. 468; 15 U.S.C. 7001 et seq.] but does not modify, limit, or supersede section 101(c) of that Act [15 U.S.C. 7001(c)], or authorize electronic del…

1. "Activity and use limitations" means restrictions or obligations created under this chapter with respect to real property. 2. "Agency" means the department of environmental quality or any other state or federal agency that determines or approves the environmental response proj…

1. Any person, including a person that owns an interest in the real property, the agency, or a municipality or other unit of local government, may be a holder. An environmental covenant may identify more than one holder. The interest of a holder is an interest in real property. 2…

1. An environmental covenant must: a. State the instrument is an environmental covenant executed pursuant to chapter 47-37; b. Contain a legally sufficient description of the real property subject to the covenant; c. Describe the activity and use limitations on the real property;…

1. An environmental covenant that complies with this chapter runs with the land. 2. An environmental covenant that is otherwise effective is valid and enforceable even if: a. It is not appurtenant to an interest in real property; b. It can be or has been assigned to a person othe…

This chapter does not authorize a use of real property which is otherwise prohibited by zoning, by law other than this chapter regulating use of real property, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or…

1. A copy of an environmental covenant must be provided by the persons and in the manner required by the agency to: a. Each person that signed the covenant; b. Each person holding a recorded interest in the real property subject to the covenant; c. Each person in possession of th…

1. An environmental covenant and any amendment or termination of the covenant must be recorded in every county in which any portion of the real property subject to the covenant is located. For purposes of indexing, a holder must be treated as a grantee. 2. Except as otherwise pro…

1. An environmental covenant is perpetual unless it is: a. By its terms limited to a specific duration or terminated by the occurrence of a specific event; b. Terminated by consent pursuant to section 47-37-09; c. Terminated pursuant to subsection 2; d. Terminated by foreclosure …

1. An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by: a. The agency; b. Unless waived by the agency, the current owner of the fee simple of the real property subject to the covenant; c. Each person that originally …

1. A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by: a. A party to the covenant; b. The agency or, if it is not the agency, the department of environmental quality; c. Any person to which the covenant expressl…

1. The department of environmental quality shall establish and maintain a registry that contains all environmental covenants and any amendment or termination of those covenants. The registry also may contain any other information concerning environmental covenants and the real pr…

This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act [15 U.S.C. 7001 et seq.], but does not modify, limit, or supersede section 101(c) of that Act [15 U.S.C. 7001(c)], or authorize electronic delivery of any of the not…

As used in this chapter: 1. "Recording" means the act of presenting a patent, deed, mortgage, bill of sale, security agreement, judgment, decree, lien, certificate of sale, or other instrument required to be filed or admitted to record, to the county recorder of the county in whi…

1. A service agreement is deemed unfair under this chapter if the service obligations of the agreement are not to be performed within one year after the agreement is executed and the agreement: a. Purports to be a covenant running with the land as described in section 47-04-25; b…

The district court shall award the actual damages arising from the unfair service agreement, actual attorney's fees proven against the service provider, and costs incurred by the challenging party if the party with an interest in residential real estate subject to a service agree…

In this chapter, unless context otherwise requires: 1. "Common areas" means the entire project excepting all units therein granted or reserved. 2. "Condominium" is an estate in real property consisting of an undivided interest or interests in common in a portion of a parcel of re…