Key Takeaways
- North Dakota recognizes several forms of property ownership including fee simple, life estate, and concurrent ownership
- Married couples may hold property as joint tenants or tenants in common
- North Dakota does not have community property laws
- Property transfers require a properly executed deed recorded with the county recorder
- North Dakota uses both warranty deeds and quit claim deeds
Last updated: January 2026
North Dakota Property Law
North Dakota property law governs how real property is owned, transferred, and encumbered.
Forms of Property Ownership
Fee Simple Absolute
The highest form of ownership:
| Feature | Description |
|---|---|
| Duration | Unlimited, perpetual |
| Rights | All rights of ownership |
| Transferability | Can sell, will, or gift |
| Most common | Standard ownership form |
Life Estate
| Feature | Description |
|---|---|
| Duration | Limited to a person's life |
| Rights | Use and possession during lifetime |
| Remainder | Passes to remainderman at death |
| Limitations | Cannot waste the property |
Concurrent Ownership
North Dakota recognizes several forms of co-ownership:
| Type | Features |
|---|---|
| Joint Tenancy | Equal shares, right of survivorship |
| Tenancy in Common | Separate shares, no survivorship |
Joint Tenancy Requirements (Four Unities)
| Unity | Requirement |
|---|---|
| Time | All owners acquire at same time |
| Title | All owners acquire by same deed |
| Interest | All owners have equal shares |
| Possession | All owners have equal right to possess |
Key Point: Joint tenancy includes right of survivorship—when one owner dies, their share automatically passes to surviving owners.
Tenancy in Common
| Feature | Description |
|---|---|
| Shares | Can be unequal |
| Survivorship | NO right of survivorship |
| Death | Share passes through deceased's estate |
| Default | Assumed unless joint tenancy specified |
Marital Property
North Dakota is NOT a community property state:
| Rule | Effect |
|---|---|
| Separate property | Each spouse owns their own property |
| Marital property | Determined by title, not community law |
| Homestead rights | Spouse must join in conveyance of homestead |
Property Transfer
Deeds
North Dakota uses several types of deeds:
| Deed Type | Warranties |
|---|---|
| Warranty Deed | Full warranties against all defects |
| Special Warranty Deed | Warrants only against grantor's actions |
| Quit Claim Deed | No warranties, transfers only grantor's interest |
Deed Requirements
For a deed to be valid in North Dakota:
| Requirement | Description |
|---|---|
| In writing | Must be written document |
| Grantor identified | Name of person transferring |
| Grantee identified | Name of person receiving |
| Legal description | Property must be adequately described |
| Consideration | Usually stated (even if nominal) |
| Signature | Grantor must sign |
| Delivery | Must be delivered to grantee |
| Acceptance | Grantee must accept |
Recording
| Requirement | Details |
|---|---|
| Where | County Recorder's office |
| Why | Provides constructive notice |
| Priority | "First to record" generally prevails |
| Effect | Protects against subsequent claims |
Encumbrances
Types of Encumbrances
| Type | Description |
|---|---|
| Liens | Financial claims against property |
| Easements | Right to use another's property |
| Covenants | Restrictions on property use |
| Encroachments | Physical intrusion on property |
Lien Priority
| Priority Order | Lien Type |
|---|---|
| 1st | Property tax liens (super priority) |
| 2nd | Special assessment liens |
| 3rd | Mortgage liens (by recording date) |
| 4th | Judgment liens |
| 5th | Mechanic's liens (may relate back) |
Homestead Laws
North Dakota provides homestead protections:
| Protection | Details |
|---|---|
| Exemption | Protects against certain creditors |
| Amount | Value limits apply |
| Spousal consent | Required for sale or mortgage |
| Purpose | Protect family residence |
Important: Both spouses must sign to convey or encumber homestead property.
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Test Your Knowledge
Which statement is TRUE about joint tenancy in North Dakota?
A
B
C
D
Test Your Knowledge
Is North Dakota a community property state?
A
B
C
D
Test Your Knowledge
What is required for a homestead conveyance in North Dakota?
A
B
C
D