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North Dakota Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for North Dakota on
Q: Do I own an unmentioned house on auctioned property?

I purchased a property at a state auction in North Dakota, which included an abandoned house. The deed provided did not mention this house or any structures, only township, range, and parcel information. Given that the auction documents also did not reference any structures, do I legally own the... View More

Anthony M. Avery
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answered on Mar 7, 2025

Deeds need legal descriptions of the property conveyed, not what improvements are thereon. That is what the tax assessors are concerned with. Search the title and the land you bought should be yours including structures permanently affixed.

1 Answer | Asked in Real Estate Law for North Dakota on
Q: My grandfather and my neighbors grandfather built a fence between the two of them in the late 30's or early 40's.

A recent survey by a third party shows my fathers house (which my grandfather built) now sits on my neighbors property, approximately 50 feet south of the fence!! My father is deceased and I now own the house and property. This also makes my neighbors property lines not where once thought !!... View More

Anthony M. Avery
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answered on Sep 24, 2024

Adjoining landowners have probably acquiesced to the ascertainable (fence) boundary. You must hire a ND attorney, find witnesses to the fence being up for many years, and you might get a survey to both have an expert witness as well as figure out something to give the other owner. A Boundary... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for North Dakota on
Q: When must a landlord send a non-renewal notice in ND for leases converting to month-to-month?

In North Dakota, what is the requirement for a landlord to send a non-renewal notice for a lease that is set to automatically convert to a month-to-month lease after one year? My lease indicates a 30-day notice period.

James L. Arrasmith
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answered on Jun 14, 2025

In North Dakota, if your lease is set to automatically convert to a month-to-month agreement after one year, the landlord typically needs to provide a 30-day written notice to end the tenancy. This means that if the landlord does not want the lease to continue after the fixed term ends, they must... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for North Dakota on
Q: Can my landlord charge me legal fees without formal legal action for an auto-renewing lease?

My lease automatically renews without the need to sign a new one, yet my landlord accused me of having an unauthorized occupant, which is untrue, and threatened eviction if I didn’t sign a new lease. On May 2, a lawyer sent me a letter falsely claiming I was uncommunicative. I only have my... View More

James L. Arrasmith
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answered on Jun 11, 2025

This situation sounds frustrating and unfair, especially since you haven’t been formally served with any legal action. In most cases, landlords can’t charge you legal fees unless legal proceedings have actually started and a court orders those costs—or if your lease specifically says you’re... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for North Dakota on
Q: Can a park refuse a one-year lease renewal without stating cause?

I have a 2019 lease with a tenant protection clause stating I'm entitled to a one-year renewable lease unless there is good cause to refuse renewal. I have consistently paid rent on time for 11 months, with no complaints or violations against me. Recently, the park refused to offer me a... View More

James L. Arrasmith
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answered on Jun 11, 2025

Based on what you’ve described, it sounds like the park may not be acting within the terms of your lease agreement. If the lease includes a tenant protection clause that entitles you to a one-year renewal unless there’s good cause, then they generally need to provide a valid reason for refusing... View More

2 Answers | Asked in Probate and Real Estate Law for North Dakota on
Q: Do all siblings need to agree to sell inherited property?

As the designated executor of my father's estate, my siblings and I each inherited a 25% share of his property through a quit claim deed. There are no mortgages or liens on the property. In order to sell the estate, do all four of us need to agree on the sale? If one sibling is unwilling to... View More

Anthony M. Avery
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answered on Jun 11, 2025

Any tenant in common can sell their interest, but most purchasers want the entire fee. If all TICs do not agree to sell, any TIC can file an action for a Sale For Partition.

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for North Dakota on
Q: How can property owners reverse a city's improper rezoning from residential to commercial in North Dakota?

I recently discovered that the city rezoned our residential property to commercial without notifying the property owners. We are attending a city meeting today to discuss the possibility of changing it back to residential zoning. During the last meeting, the chairwoman shut down the conversation... View More

James L. Arrasmith
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answered on Jun 2, 2025

You should start by reviewing North Dakota’s zoning procedures to see if the city failed to follow notice and hearing requirements. If notice wasn’t properly given, you can file a written protest or appeal with the city council or the board of adjustment. If the council refuses to reverse the... View More

1 Answer | Asked in Landlord - Tenant, Civil Rights, Domestic Violence and Real Estate Law for North Dakota on
Q: How can I prevent unlawful eviction and assert lease rights under VAWA in North Dakota?

I have a month-to-month renewal clause in my 2019 lease, which states automatic renewal unless I provide a termination notice, which I haven't. Management is ignoring this clause and pressuring me to sign a new lease, threatening eviction without valid cause as defined in the lease, which... View More

James L. Arrasmith
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answered on May 31, 2025

You have clear rights under both your lease and the Violence Against Women Act (VAWA). If your lease includes a month-to-month renewal clause that automatically continues unless you give notice, management cannot force you to sign a new lease or threaten eviction unless you’ve violated specific... View More

1 Answer | Asked in Contracts, Civil Litigation, Landlord - Tenant and Real Estate Law for North Dakota on
Q: Legal rights to dispose of ex-fiancé's belongings left in my house?

I broke up with my fiancé 9 months ago, and he moved out 6 months ago. Despite my repeated attempts over the past months—documented via texts I sent to him and his mother—to arrange for him to pick up his personal belongings and furniture from my house, he continues to refuse and ignores my... View More

James L. Arrasmith
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answered on May 15, 2025

You've been more than patient, and it's understandable that you're frustrated. Since your ex moved out six months ago and you've made repeated, documented attempts to return his belongings, the law generally considers this abandoned property. While there may not be a written... View More

1 Answer | Asked in Foreclosure and Real Estate Law for North Dakota on
Q: Who fixes an incorrect deed in ND foreclosure, plaintiff or defendant?

I am involved in a foreclosure proceeding in North Dakota where the deed description of the real property is incorrect. The error was discovered by me, the defendant, before the foreclosure proceedings began. I have notified the plaintiff and relevant authorities about the error. There is a... View More

James L. Arrasmith
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answered on May 15, 2025

In your situation, the responsibility to correct the deed description generally falls on the party seeking to enforce rights through that deed—in this case, the plaintiff. Since they are initiating the foreclosure and relying on the legal description of the property to do so, it is in their best... View More

1 Answer | Asked in Real Estate Law for North Dakota on
Q: My MIL passed away two years ago. She had a Life Estate in the farmland she owned. There are 6 remaindermen living.

We owned two undivided shares in the property. One of the undivided share holders would not sign off on the property. The other 4 sold their interest to my husband whom his parents gave the absolute right to buy the property. Presently we own 6/7th share in the land. We would like to put the... View More

Anthony M. Avery
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answered on Jan 24, 2025

If a partition suit is filed, it must include all interested parties to the real property. I am not familiar with ND law, but the Courts cannot usually sell the life estate interest unless it is agreed to. At this time there are no life estates, only six tenants in common whose remainder estates... View More

1 Answer | Asked in Real Estate Law for North Dakota on
Q: So a woman who passed away gave me her original land patent as well as every warranty deed that went with it.

Does that make the land mine? or do I need to do something or file something when I called the city? They told me to get a lawyer and to not lose all this paperwork

Anthony M. Avery
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answered on Apr 7, 2023

Once the Deed is recorded, that actual document is irrelevant unless someone claims a forgery or fraud. Hire a ND attorney to search the Title and possibly administer the Estate. Unless you are an heir or she executed a Deed to you (recorded or not), you probably do not own the lands. But some... View More

1 Answer | Asked in Foreclosure, Personal Injury and Real Estate Law for North Dakota on
Q: My home in Philadelphia was foreclosed on in 2010. I was employed with the Prisons then. I suffered a heart attack

I went to numerous court hearings and never got a result. I am a combat Veteran of Desert Storm. My wife and I would like some answers

Tim Akpinar
Tim Akpinar
answered on Sep 1, 2020

This could be something that a Pennsylvania attorney and/or North Dakota attorney should advise on, but you await a response for two weeks. If there was an attorney representing you in the earlier hearings, contacting them and asking about the status of the file could be a starting point. If you... View More

1 Answer | Asked in Real Estate Law for North Dakota on
Q: Want to lease my home out, but it’s not paid for yet? Can we buy another house at this time?
Lucas Wynne
Lucas Wynne
answered on Apr 22, 2020

The short answer: call your bank (for mortgage restrictions), call your city (for rental permits).

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for North Dakota on
Q: Warranty deed is lost without being recorded with the County. Grantor is now deceased.

My mother did a Contract for Deed on her house with my nephew. The house was paid for in 2014. The lawyer sent out the original deed to my mom's Personal Representative to get recorded. No one recalls ever receiving the original copy nor can anyone find it now. I have a copy of the signed... View More

Nina Whitehurst
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answered on Jan 21, 2020

The usual solution is the nephew needs to make a claim in your mother's probate case for distribution of your mother's share of the house to him. He will need to prove that there was a contract and it is now paid in full. It would be helpful to at least get a photocopy of the deed from... View More

1 Answer | Asked in Real Estate Law for North Dakota on
Q: Can the seller take a propane tank after the house was closed?

He told us the house had a 500 gal tank and a 1000 gal tank. He never said he was taking one. He came and took it AFTER we closed.

Lucas Wynne
Lucas Wynne
answered on Oct 11, 2019

Sounds like a good time for small claims court. Get compensated for that tank.

1 Answer | Asked in Real Estate Law for North Dakota on
Q: I have a Land Patent is that the same as a deed?
Stefan Dunkelgrun
Stefan Dunkelgrun
answered on Aug 24, 2018

You do not have a land patent.

Land patents are the original grants from the government to the initial owner. All such grants were made over a hundred years ago. Any subsequent transfer would be by deed.

1 Answer | Asked in Agricultural Law and Real Estate Law for North Dakota on
Q: Why is federal law supreme to state law in land matters?

I'm having a land dispute were the other party has deed and I patent.

Stefan Dunkelgrun
Stefan Dunkelgrun
answered on Aug 7, 2018

Federal law is supreme over state law because as a condition of Statehood, North Dakota passed an Enabling Act ceding all unclaimed land to the Federal Government for disposition. Upon meeting the appropriate criteria (e.g. homesteading), a person could be granted ownership by requesting a land... View More

1 Answer | Asked in Real Estate Law for North Dakota on
Q: How much to file Quit Claim Deed in ND?

I have a Land Patent and need more proof.

Stefan Dunkelgrun
Stefan Dunkelgrun
answered on Aug 7, 2018

The cost to file a deed in ND varies, but is generally around $25.

The cost of having an attorney prepare a quit claim deed varies from one attorney to another, but should be a few hundred dollars.

1 Answer | Asked in Civil Rights, Contracts and Real Estate Law for North Dakota on
Q: We are buying house in gackle ND. We owe money on it. We bought it on a Hand shake the town we live in is pressuring

The owner of the property to kick us out by telling him they will attach Leins on the house, that we owe, if they don't remove us from the house. They've, city counsel members and others, told him many untrue statements about us, the states attorney called him and asked him what can he... View More

Nicholas Nelson
Nicholas Nelson
answered on Apr 30, 2018

There are too many unknown details to provide any accurate legal information.

Contact an attorney for a consultation on the matter - many perform the initial consultation for free.

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