Title 35 — Liens

Repealed by S.L. 1965, ch. 296, § 32. 35-05-03. Bills of sale and transfers circumventing crop mortgage law prohibited - Presumption - Penalty. No person may solicit or procure bills of sale or transfers of whatever nature for the purpose of obtaining title to or liens upon growi…

Repealed by S.L. 1997, ch. 301, § 3.

Repealed by S.L. 1969, ch. 317, § 1.

Repealed by S.L. 1969, ch. 317, § 1.

Repealed by S.L. 1965, ch. 296, § 32.

Pledge is a deposit of personal property as security for the performance of another act. Every contract by which the possession of personal property is transferred as security only is a pledge and its validity and effect are governed by the provisions of this chapter except as mo…

The lien of a pledge is dependent on possession and no pledge is valid until the property pledged is delivered to the pledgee or to a pledgeholder as hereinafter prescribed.

The increase of property pledged is pledged with the property.

One who has a lien upon property may pledge it to the extent of that person's lien.

One who has allowed another to assume the apparent ownership of property for the purpose of making any transfer of it cannot set up that person's own title to defeat a pledge of the property made by the other to a pledgee who received the property in good faith in the ordinary co…

Property may be pledged as security for the obligation of a person other than the owner and in so doing the owner has all the rights of a pledgor for the owner except that one who pledges property as security for the obligation of another cannot withdraw the property pledged othe…

A pledgor and pledgee may agree upon a third person with whom to deposit the property pledged who, if the third person accepts the deposit, is called a pledgeholder, and the third person must enforce all the rights of the pledgee unless authorized by the pledgee to waive them.

A pledgee or a pledgeholder for reward assumes the duties and liabilities of a depositary for reward. A gratuitous pledgeholder assumes the duties and liabilities of a gratuitous depositary.

A pledgeholder for reward cannot exonerate the pledgeholder from the pledgeholder's undertaking, and a gratuitous pledgeholder can do so only by giving reasonable notice to the pledgor and pledgee to appoint a new pledgeholder, and in case of their failure to agree, by depositing…

When a debtor has obtained credit or an extension of time by a fraudulent misrepresentation of the value of the property pledged by or for the debtor, the creditor may demand a further pledge to correspond with the value represented and in default thereof may recover the creditor…

When performance of the act for which a pledge is given is due in whole or in part, the pledgee may collect what is due the pledgee by a sale of the property pledged, subject to the rules and exceptions prescribed in this chapter and in sections 41-09-98 through 41-09-123.

Repealed by S.L. 1965, ch. 296, § 32.

Repealed by S.L. 1965, ch. 296, § 32.

Repealed by S.L. 1965, ch. 296, § 32.

Repealed by S.L. 1965, ch. 296, § 32.

Repealed by S.L. 1965, ch. 296, § 32.

Repealed by S.L. 1965, ch. 296, § 32.

Repealed by S.L. 1965, ch. 296, § 32.

Repealed by S.L. 1965, ch. 296, § 32.

Repealed by S.L. 1965, ch. 296, § 32.

Repealed by S.L. 1965, ch. 296, § 32.

Repealed by S.L. 1965, ch. 296, § 32.

Repealed by S.L. 1965, ch. 296, § 32.

Repealed by S.L. 1965, ch. 296, § 32.

Any blacksmith, machinist, farm equipment dealer, construction equipment dealer, welder, garage keeper, mechanic, or aviation operator, having an established place of business in this state who makes, alters, or repairs any automobile, truck, engine, combine, tractor, farm equipm…

1. The secretary of state shall prescribe an electronic system that can be used to obtain a lien under this section and also be entered in the central indexing system. A person entitled to a lien under this chapter who retains possession of the property made, altered, or repaired…

A lien obtained under this chapter has priority over all other liens, chattel mortgages, or encumbrances against the personal property upon which the lien is secured, but if the repairman has failed to notify the lienholder of record as provided in section 35-13-01, or if such no…

1. A person holding a lien under this chapter on property encumbered by prior liens of record or before beginning any action or proceeding for the foreclosure of the lien, shall give ten days' notice in writing of the lienholder's intention to foreclose the lien to the lienholder…

The record lienholder of any lien against property on which a lien has been filed under this chapter may pay the amount due on the lien at any time before a sale upon the foreclosure of the property. Upon payment of the lien by a lienholder, the holder of the lien shall assign it…

The person holding a lien under this chapter has the rights of a secured party under article nine of the Uniform Commercial Code for purposes of nonjudicial disposition of the property. A person holding a lien under this chapter who chooses to use nonjudicial disposition of the p…

Any person engaged in the business of keeping a garage or place for the storage of motor vehicles who, in connection therewith, stores or keeps any motor vehicle at the request or with the consent of the owner or person lawfully in possession thereof, whether such owner be a cond…

Notwithstanding a voluntary surrender of a motor vehicle or any part thereof upon which a lien for storage is claimed, the person who stored the vehicle has a lien thereon for the person's reasonable or agreed storage charges if at any time within sixty days after the surrender o…

A lien filed under the provisions of this chapter is subject and inferior only to mortgages and conditional sales contracts properly filed on or before the time when the property covered by the storage lien came into the possession of the lien claimant.

Any person having possession of any motor vehicle for storage may remove the vehicle from the person's garage or other place of storage without liability for such removal to the owner or possessor thereof, if the owner or the person who stored the vehicle fails to pay the storage…

Every miner or other person who, at the request of the owner or the agent of the owner of any lode, lead, ledge, mine, or deposit bearing gold, cinnabar, or copper, or of any coal bank or mine, or at the request of any contractor or subcontractor, performs any labor on the mine o…

Any miner or other person doing and performing any work or furnishing any material as specified in section 35-15-01 under a contract, either express or implied, between the owner of any mine or the mine owner's agent, and any contractor working on such mine, whether such work is …

The creditor of a contractor may recover from the owner, under the contract in force between the contractor and the owner, the sum due at the time notice was given and any sum thereafter accruing. 35-15-05. Account filed with clerk - Recorded by clerk - Liens concurrent and paid …

Any person holding a miner's lien may foreclose the same in the same manner as a construction lien may be foreclosed. In an action for the foreclosure of such lien, each person claiming a lien upon the property charged must be made a party to the action, and the rights of all par…

The provisions of this chapter apply to oil and gas wells, iron and lead mines, and all other mines not herein specified so far as the same may be applicable.

Any person to whom any animal is entrusted by the owner thereof for the purpose of feeding, herding, pasturing, or ranching has a lien upon the animals for the amount that may be due for feeding, herding, pasturing, or ranching, and is authorized to retain possession of the anima…

An agister's lien has priority over all other liens on the property for ten days after the receipt thereof, and thereafter has priority over all other liens on the property if the person to whom the property is entrusted as provided in this chapter, within such ten days, serves w…

In addition to sections 35-17-01 and 35-17-02, any person to whom any animal is entrusted by the owner for the purpose of feeding, herding, pasturing, or ranching, upon filing the statement prescribed in section 35-17-04, is entitled to a lien upon the animal for the amount that …

Any person entitled to an agister's lien, within ninety days after taking possession of the animal, may file electronically in the central indexing system, a statement containing the following information: 1. The number of and a description of the animals subject to the lien and …

Repealed by S.L. 1991, ch. 449, § 21.

The secretary of state shall remove and destroy liens filed in the secretary of state's office pursuant to this chapter in the manner provided for in section 11-18-14 for the recorder.