North Dakota Adverse Possession Laws
Under adverse possession laws, individuals may gain legal title to a piece of another individual's property if they openly inhabit the space for a certain period of time. These laws are set up in a way that gives the rightful owner of the property plenty of time and notice in which to kick the "squatter" of the land. Mostly, they are invoked for resolving confusion over property boundaries, which can create premises liability problems.
North Dakota Adverse Possession Law at a Glance
Details about claiming property under North Dakota's adverse possession law are listed in the following table. See FindLaw's Land Use Laws section for more related articles and resources.
|Code Section||28-01-04, et seq.; 47-06-03|
|Time Period Required for Occupation||20 yrs.and Color of Title: 20 yrs. and Color of Title/Payment of Taxes: 10 yrs.|
|Time for Landowner to Challenge/Effect of Landowner's Disability||After disability lifted: 10 yrs.|
|Improvements||One way to possess land|
|Establishment of Adverse Possession Through a Written Instrument
||For the purpose of constituting an adverse possession by any person claiming a title founded upon a written instrument or upon a judgment or decree, land must be deemed to have been so possessed and occupied in each of the following cases:
|Establishment of Adverse Possession Not Based on Written Instrument
||For the purpose of constituting an adverse possession by a person claiming title not founded upon a written instrument nor upon a judgment or decree, land shall be deemed to have been possessed and occupied only in the following cases:
|Payment of Taxes||10 yrs.|
|Title from Tax Assessor||-|
Note: State laws are always subject to change in any number of ways, typically through the enactment of newly signed legislation or precedent-setting decisions from higher courts. You may want to contact a North Dakota real estate attorney or conduct your own legal research to verify the state law(s) you are researching.
Research the Law
- North Dakota Law
- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
North Dakota Adverse Possession Laws: Related Resources
- Trespassing Basics
- Adverse Possession: Continuous Trespassers' Rights
- North Dakota Property and Real Estate Laws
- Find a Land Use & Zoning Attorney
Next Steps: Search for a Local Attorney
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