Title 47 — Property

When the sole owner or all the owners, or the sole lessee or all of the lessees of a lease desire to submit a parcel of real property to a project established by this chapter, a declaration to that effect shall be executed and acknowledged by the sole owner or lessee or all of su…

The declaration provided for in section 47-04.1-02 shall contain: 1. A description or survey map of the surface of the land included within the project. 2. Diagrammatic floor plans of the structures built or to be built thereon in sufficient detail to identify each unit, its rela…

The owner of a project, shall, prior to the conveyance of any condominium therein, record a declaration of restrictions relating to such project, which restrictions shall be enforceable equitable servitudes where reasonable, and shall inure to and bind all owners of condominiums …

All subsequent deeds, mortgages, or other instruments may describe the individual units, the common elements, the land, or limited common elements by reference to appropriate numbers or letters as they appear on the declaration provided for in section 47-04.1-03 without repeating…

Unless otherwise expressly provided for in the deeds, declaration of restrictions or plan, the incidents of a condominium grant are as follows: 1. The boundaries of the unit granted are the interior surfaces of the perimeter walls, floors, ceilings, windows and doors thereof, and…

1. The unit owners of each project shall provide for the administration of each project. The unit owners or administrative body established by the unit owners shall provide by bylaws for the maintenance of common elements, limited common elements where applicable, assessment of e…

Each unit owner shall comply strictly with the bylaws and with the administrative rules and regulations adopted pursuant thereto, as either of the same may be lawfully amended from time to time, and with the covenants, conditions, and restrictions set forth in the declarations or…

The provisions of chapter 32-16 relating to partition of real property shall not be available to any owner of any interest in real property included within a project established under this chapter as against any other owner or owners of any interest or interests in the same proje…

Any property so constituted as a condominium project may be removed therefrom at any time, provided the sole owner or all of the owners execute, acknowledge, and record a declaration evidencing such withdrawal. If at such time there are any encumbrances or liens against any of th…

Subsequent to recording the declaration provided for in section 47-04.1-02 and while the property remains enrolled as a condominium project, no lien shall thereafter arise or be effective against the property. During such period liens or encumbrances shall arise or be created onl…

All real property taxes and special assessments shall be levied on each unit and its respective appurtenant fractional share or percentage of the land, general common elements and limited common elements where applicable as such units and appurtenances are separately owned, and n…

Notwithstanding any requirement in the condominium declaration or bylaws requiring a lender's approval of any amendment of the declaration or bylaws, after being given a thirty-day written notice beginning with the date of mailing, any lender contacted at the last-known address t…

1. For purposes of this section: a. "Electric vehicle charging station" means a station that delivers electricity from a source outside an electric vehicle into one or more electric vehicles. An electric vehicle charging station may include several charge points simultaneously co…

In this chapter, unless the context or subject matter otherwise requires: 1. "Agricultural land" means land capable of use in the production of agricultural crops, livestock or livestock products, poultry or poultry products, milk or dairy products, or fruit and other horticultur…

1. An individual who is not a citizen of the United States, a citizen of Canada, or a permanent resident alien of the United States may not acquire directly or indirectly any interest in agricultural land unless: a. The individual is an alien entitled to enter the United States u…

Repealed by S.L. 2005, ch. 388, § 1.

If the attorney general has reason to believe that any person is violating section 47-10.1-02, the attorney general shall commence an action in the district court in which any agricultural land relative to the violation is situated, or if situated in two or more counties, in the …

The commissioner shall monitor for compliance with this chapter all reports transmitted to the commissioner pursuant to the Agricultural Foreign Investment Disclosure Act of 1978 [7 U.S.C. 3501 et seq.]. The commissioner shall make the reports available to the public.

Any person violating section 47-10.1-02 is guilty of a class A misdemeanor.

In sections 47-10.2-01 through 47-10.2-03, unless the context or subject matter otherwise requires: 1. "Borrower" means the obligor under a residential mortgage held by a mortgagee. 2. "Servicer" means a person or entity maintaining an escrow account for a residential mortgagee. …

If an escrow account is maintained by the servicer of a residential mortgage for a mortgagee, and the account contains a surplus amount, the servicer shall provide written notice to the borrower within thirty calendar days following the end of the escrow account computation year.…

Upon creation of the written notice under section 47-10.2-02, the servicer shall refund any surplus amount to the borrower within thirty calendar days following the end of the escrow account computation year. The notice required under section 47-10.2-02 must be included when surp…

1. If the borrower notifies the escrow agent as provided in subsection 2, is current in loan payments, and funds in the escrow account are sufficient, the borrower may direct the escrow agent under the borrower's loan to do any of the following: a. Pay the property taxes by Decem…

Each residential mortgagee, including any insurance company with articles of incorporation filed under section 26.1-01-03, intending to maintain an escrow account for the payment of taxes, assessments, insurance premiums, and other charges upon the mortgagor's residence shall fur…

As used in this chapter, unless the context or subject matter otherwise requires: 1. "Advertisement" means a commercial message in any medium that aids, promotes, or assists a consumer rental purchase agreement. 2. "Cash price" means the price at which the lessor would have sold …

Consumer rental purchase agreements under this chapter are not governed by the laws relating to a retail installment contract or a retail installment sale as defined in section 51-13-01 or security interest as defined in section 41-01-09.

1. A lessor shall include in a consumer rental purchase agreement: a. The total number, total amount, and timing of all payments necessary to acquire ownership of the property. b. A statement that the consumer does not own the property until the consumer has made the total paymen…

A consumer rental purchase agreement may not contain the following provisions, and, such included provision is not enforceable: 1. A confession of judgment. 2. A negotiable instrument. 3. A security interest or any other claim of a property interest in any goods except those good…

1. A consumer who fails to make a timely rental payment may reinstate the agreement without losing any right or option that exists under the agreement by the payment of: a. All past-due rental charges; b. The reasonable costs of repossession and redelivery if the property has bee…

1. A renegotiation of an agreement occurs when an existing consumer rental purchase agreement is satisfied and replaced by a new agreement undertaken by the same lessor and consumer. A renegotiation is considered a new agreement requiring new disclosures. The following events may…

1. If an advertisement for a consumer rental purchase agreement refers to or states the dollar amount of any payment and the right to acquire ownership of any one specific item, the advertisement must also clearly and conspicuously state the following items, as applicable: a. Tha…

1. A lessor who fails to comply with this chapter is liable to the consumer for: a. The greater of the actual damages sustained by the consumer as a result of the violation or, in the case of an individual action, twenty-five percent of the total payments necessary to acquire own…

Any person that has an unbroken chain of title to any interest in real estate and that person's immediate or remote grantors under a conveyance or other title transaction that has been of record for a period of twenty years or longer, and is in possession of the interest, is deem…

As used in this chapter: 1. A person is deemed to have the unbroken chain of title to an interest in real estate when the records of the county recorder disclose a conveyance or other title transaction of record twenty years or more which purports to create the interest in that p…

Marketable title is held by a person and taken by that person's successors in interest free and clear of all interest, claims, or any charges whatever, the existence of which depends upon any act, transaction, event, or omission that occurred twenty years or more before the prese…

The notice mentioned in section 47-19.1-03 may be filed for record by the claimant of any interest therein described, or by any other person acting on behalf of a claimant who is under disability, unable to assert a claim on the claimant's own behalf, or one of a class but whose …

The claim referred to in sections 47-19.1-03 and 47-19.1-04 shall be filed in each county where the claimed real estate, or any part thereof, is located, and must set forth the legal description of the real estate affected by such claim together with a statement of the nature of …

The recorder of each county shall accept all such notices which describe real estate located within the county which the recorder serves and shall enter and record such notices in full among miscellaneous instruments and index the same against the real estate.

For the purpose of this chapter, the fact of possession of an interest in real estate referred to in section 47-19.1-01 may be shown of record by one or more affidavits containing the legal description of the real estate and showing that the person is in possession of the interes…

Nothing contained in this chapter shall be construed to shorten or extend the period for bringing an action or doing any act required under any existing statute of limitations, nor to affect the operation of any existing statutes governing the effect of the recording or the failu…

No person shall use the privilege of filing notices under this chapter or recording any instrument affecting title to real property for the purpose of slandering the title to real estate or to harass the owner of the real estate and in any action brought for the purpose of quieti…

This chapter shall be construed to effect the legislative purpose of simplifying and facilitating real estate title transactions by allowing persons to deal with the record title owner as defined herein and to rely upon the record title covering a period of twenty years or more s…

This chapter shall not be: 1. Applied to bar: a. The rights of any lessor or lessor's successor as reversionary of the lessor's right to possession on the expiration of any lease by reason of failure to file the notice herein required. b. The rights of any remainderman upon the e…

It is the purpose of this chapter to protect and perpetuate public land survey corners and information concerning the location of such corners by requiring the systematic establishment of monuments and recording of information concerning the marking of the location of such public…

Except where the context indicates a different meaning, terms used in this chapter shall be defined as follows: 1. "Accessory corner" means any exclusively identifiable physical object whose spatial relationship to the corner is recorded. Accessories may be bearing trees, bearing…

A surveyor shall complete, sign, stamp with the surveyor's seal and file with the recorder of the county where the corner is situated a written record of corner establishment or restoration to be known as a "corner record" for every public land survey corner and accessory to such…

A registered land surveyor may file such corner record as to any property corner, property controlling corner, reference monument, or accessory to a corner.

The state board of registration for professional engineers and land surveyors provided for in chapter 43-19.1 shall by regulation provide and prescribe the information which shall be necessary to be included in the corner record. The board shall prescribe the form in which such c…

1. The recorder of the county containing the corner shall receive the completed corner record and preserve it in a hardbound book. The books shall be numbered in numerical order as filled. 2. The recorder shall number the forms in numerical order as they are filed. 3. The book an…

When such a corner described herein has been established and filed, that corner record shall be the official record and shall be made available to all state and federal government agencies without cost; however, the recorder may charge a reasonable fee for furnishing certified co…