North Dakota Real Estate Law Questions & Answers
Q: I have a Land Patent is that the same as a deed?
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.
Q: Why is federal law supreme to state law in land matters?
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 patent.
There are a lot of conspiracy theories and falsehoods surrounding land patents. A land patent is the original transfer of land from the government to the initial owner. Any patent that...
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
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.
Q: I am a realtor and I have an anti-trust law question.
To the contrary, it would likely be an anti-trust violation if you somehow prevented those buyers from participating freely in the real estate market or prohibiting them from contacting certain agents. There is a grave difference between an anti-trust violation and an unfair advantage. It does not sound like the other agent participated in any form of collusion, price fixing, etc. Instead, it sounds like you had potential buyers who did not sign any contract with you that then found a house...
Q: Can I get out of contract for deed if seller failed to diclise lead paint in house
Although a real estate attorney is the legal professional who can provide you with a specific, informative answer, I think you cannot successfully file a lawsuit against the former homeowner for failing to disclose the presence of lead paint on the property. According to the law, the seller is required to inform potential buyers with regard to the existence of lead paint and other hazardous materials in the building only if they are aware of it. Otherwise, they cannot be held responsible for...
Q: I had some financial trouble and wan unable to pay rent. I was given a notice of intent to evict if I did not pay.
Answered on Dec 12, 2017
Generally, after materially breaking the lease agreement, the tenant is responsible for the remainder of the lease per the terms of the agreement. However, a landlord generally has a duty to mitigate the damages to the tenant by making reasonable efforts to lease the property to another tenant. This is general legal information and should not be relied upon. An attorney must first meet with a potential client to determine all relevant facts before providing adequate legal advice. Good luck!
Q: I just bern served a notice of intrntion to evict notice .. Do i have to vacate in 3 days or can i go to court
Answered on Dec 12, 2017
If you do not vacate in 3 days, the landlord may bring an eviction (forcible detainer in legal speak) hearing. During such a hearing, each party will have the opportunity to argue their side. See North Dakota Century Code 47-32. Note that this is general legal information and should not be relied upon in your specific matter. An attorney cannot give adequate legal advice until meeting with the client and discussing all relevant facts related to the specific situation. I hope this helps!
Q: I've lived with my bf for 2 yrs. He owns the house. Do I have any legal right to temporarily stay?
Answered on Sep 22, 2017
Your question is unclear as to whether you are being forced out. This would help in evaluating your question. Without this information, your question is difficult to address.
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