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:

FeatureDescription
DurationUnlimited, perpetual
RightsAll rights of ownership
TransferabilityCan sell, will, or gift
Most commonStandard ownership form

Life Estate

FeatureDescription
DurationLimited to a person's life
RightsUse and possession during lifetime
RemainderPasses to remainderman at death
LimitationsCannot waste the property

Concurrent Ownership

North Dakota recognizes several forms of co-ownership:

TypeFeatures
Joint TenancyEqual shares, right of survivorship
Tenancy in CommonSeparate shares, no survivorship

Joint Tenancy Requirements (Four Unities)

UnityRequirement
TimeAll owners acquire at same time
TitleAll owners acquire by same deed
InterestAll owners have equal shares
PossessionAll 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

FeatureDescription
SharesCan be unequal
SurvivorshipNO right of survivorship
DeathShare passes through deceased's estate
DefaultAssumed unless joint tenancy specified

Marital Property

North Dakota is NOT a community property state:

RuleEffect
Separate propertyEach spouse owns their own property
Marital propertyDetermined by title, not community law
Homestead rightsSpouse must join in conveyance of homestead

Property Transfer

Deeds

North Dakota uses several types of deeds:

Deed TypeWarranties
Warranty DeedFull warranties against all defects
Special Warranty DeedWarrants only against grantor's actions
Quit Claim DeedNo warranties, transfers only grantor's interest

Deed Requirements

For a deed to be valid in North Dakota:

RequirementDescription
In writingMust be written document
Grantor identifiedName of person transferring
Grantee identifiedName of person receiving
Legal descriptionProperty must be adequately described
ConsiderationUsually stated (even if nominal)
SignatureGrantor must sign
DeliveryMust be delivered to grantee
AcceptanceGrantee must accept

Recording

RequirementDetails
WhereCounty Recorder's office
WhyProvides constructive notice
Priority"First to record" generally prevails
EffectProtects against subsequent claims

Encumbrances

Types of Encumbrances

TypeDescription
LiensFinancial claims against property
EasementsRight to use another's property
CovenantsRestrictions on property use
EncroachmentsPhysical intrusion on property

Lien Priority

Priority OrderLien Type
1stProperty tax liens (super priority)
2ndSpecial assessment liens
3rdMortgage liens (by recording date)
4thJudgment liens
5thMechanic's liens (may relate back)

Homestead Laws

North Dakota provides homestead protections:

ProtectionDetails
ExemptionProtects against certain creditors
AmountValue limits apply
Spousal consentRequired for sale or mortgage
PurposeProtect family residence

Important: Both spouses must sign to convey or encumber homestead property.

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North Dakota Property Ownership Types
Test Your Knowledge

Which statement is TRUE about joint tenancy in North Dakota?

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B
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D
Test Your Knowledge

Is North Dakota a community property state?

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B
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D
Test Your Knowledge

What is required for a homestead conveyance in North Dakota?

A
B
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D