North Dakota

North Dakota at a Glance

1. Mechanic's Lien Rules

Plain English

A North Dakota construction lien attaches when the first item of material or labor is furnished on the premises, but it does not reach a good-faith buyer or lender who took an interest before the actual and visible beginning of the improvement. A claimant records its lien within 90 days after its contribution is done, after giving the owner written notice, by certified mail at least 10 days before recording, that a lien will be claimed. Filing late does not kill the lien against the owner (except to the extent the owner paid the contractor before the lien was recorded), but it loses to good-faith buyers and lenders whose rights accrued before filing, and no lien may be filed more than 3 years after the first item was furnished. A good-faith construction-funding mortgage beats the liens even if recorded after work began, unless a lien was recorded first. A lien must be enforced with a suit and lis pendens within 3 years after recording, or within 30 days after the owner's recorded demand.

Key Rules

Attachment (NDCC § 35-27-03). First item furnished; visible-beginning protection.

Construction mortgage (NDCC § 35-27-04).

Notice and recording (NDCC §§ 35-27-02(4), 35-27-13). Written notice to the owner by certified mail at least 10 days before recording; record within 90 days after all of the claimant's contribution is done.

Late filing (NDCC § 35-27-14). Owner still bound, except to the extent of amounts paid to a contractor before the lien was recorded; no lien may be filed more than 3 years after the first item of material is furnished.

Enforcement (NDCC §§ 35-27-24, 35-27-25). Written notice of intent to enforce at least 10 days (personal service) or 20 days (registered mail) before suit; suit and lis pendens within 3 years after recording, or within 30 days after the owner's recorded demand.

Practice Points

1. A clean record isn't enough: late liens still bind the owner.
2. Construction loans: record the mortgage before any lien is filed.
3. Use the 30-day demand to clear stale liens.

Citations

• NDCC ch. 35-27 (construction liens): https://ndlegis.gov/cencode/t35c27.pdf

2. Execution and Notarization Requirements for Recording

Plain English

North Dakota deeds are acknowledged and recorded with the county recorder. North Dakota has no real estate transfer tax. A big difference from most states: a title insurer may not issue a policy unless it gets the record title evidence (the abstract) from a certified abstracter and a North Dakota attorney has examined it. The recording act (NDCC § 47-19-41) makes an unrecorded conveyance void against a later good-faith purchaser for value, and a North Dakota notary may notarize for a remotely located signer by audio-video technology (NDCC § 44-06.1-13.1).

Key Rules

• Title evidence (NDCC § 26.1-20-05). Certified abstracter plus attorney examination.
• No transfer tax. No state transfer tax statute; the grantee certifies the consideration on the deed (NDCC § 11-18-02.2).
• Recording act (NDCC § 47-19-41). An unrecorded conveyance is void against a later good-faith purchaser for value.
• Remote notarization (NDCC § 44-06.1-13.1). Allowed with identity proofing and an audiovisual recording of the act.

Practice Points

1. Get the abstract from a certified abstracter.
2. Get a North Dakota attorney's examination before issuing.
3. Check remote notarization compliance.

Citations

• NDCC ch. 26.1-20 (title insurance companies): https://ndlegis.gov/cencode/t26-1c20.pdf
• NDCC § 47-19-41 (recording act): https://ndlegis.gov/cencode/t47c19.pdf
• NDCC § 44-06.1-13.1 (remote notarization): https://ndlegis.gov/cencode/t44c06-1.pdf

3. Securing Future Advances

Plain English

We did not confirm a North Dakota statute on future-advance priority. Treat credit-line mortgages under general recording priority and the instrument's terms.

Key Rules

Practice Points

1. State a maximum in credit-line mortgages.
2. Check for intervening liens before insuring later advances.
3. HELOC payoffs: get a release.

Citations

• North Dakota Century Code: https://ndlegis.gov/general-information/north-dakota-century-code

4. Subdivision Statutes and Regulations

Plain English

A North Dakota plat must be surveyed, dedicated by the owner and presented to the governing body for approval with a title policy or attorney's title opinion; where approval is required, the recorder may not accept a plat that does not show final approval. River land raises its own issues: State ex rel. N.D. State Engineer v. Leland, 2026 ND 99, turned on accretion versus avulsion, and trust land on reservations is governed by federal law (Chase v. Andeavor Logistics, L.P. (8th Cir. 2026)).

Key Rules

• Platting (NDCC §§ 40-50.1-01, -03, -04). Survey and plat; signed and acknowledged dedication; approval by the governing body with a title policy or attorney's opinion; recording only after final approval is noted.
• Riparian boundaries (State ex rel. N.D. State Engineer v. Leland, 2026 ND 99). An island formed by avulsion stayed with the prior owner; a deed to government lots on one bank did not convey land across the river.
• Trust land (Chase v. Andeavor Logistics, L.P., No. 23-3019 (8th Cir. Jan. 30, 2026)). Individual allottees have no federal common-law trespass claim, and the United States is an indispensable party to a claim on an expired right-of-way over trust allotments.

Practice Points

1. River parcels: ask how the boundary moved.
2. Reservation land: check trust status and BIA records.
3. New lot? Get the recorded, approved plat.

Citations

• NDCC ch. 40-50.1 (platting): https://ndlegis.gov/cencode/t40c50-1.pdf

5. Title Premium Rates

Plain English

Abstracter fees are separately capped by statute (NDCC § 43-01-18), for example $18 per entry and $185 for a complete certification.

Key Rules

• Abstracter fees (NDCC § 43-01-18). Statutory maximums for making and certifying abstracts.

Practice Points

2. Abstract charges are separate from premium.
3. No unfiled charges.

Citations

• NDCC ch. 43-01 (abstracters): https://ndlegis.gov/cencode/t43c01.pdf

6. Recording Taxes & Fees on Deeds and Mortgages

Plain English

North Dakota has no transfer tax and no mortgage tax. The grantee certifies on the face of the deed the full consideration paid, or the exemption that applies, and the recorder may not record a deed without it.

Key Rules

(a) Deed transfer, conveyance or excise tax

• None.
• Statement of full consideration (N.D.C.C. § 11-18-02.2). Certified on the face of the deed; willful falsification is a class B misdemeanor.

(b) Mortgage, indebtedness or intangible tax

• None. North Dakota has no mortgage, indebtedness or intangible tax on recording a mortgage or deed of trust, so future advances, credit lines, refinances and modifications carry no state recording tax (only recording fees).

(c) Other recording taxes and fees

• Recorder fees (N.D.C.C. § 11-18-05). $20 for a document of 1 to 6 pages; $65 for more than 6 pages, plus $3 per page after the first 25.

Practice Points

1. Collect recording fees only.

Citations

• N.D.C.C. §§ 11-18-02.2, 11-18-05 (fees): https://ndlegis.gov/cencode/t11c18.pdf