North Dakota Statewide Rule
North Dakota Adverse Possession (Squatters Rights)
Key Facts
- Standard period
- 20 years continuous possession (§§ 28-01-04, 28-01-08)
- Shortened period
- 10 years with color of title + paid taxes (§ 47-06-03)
- Tax requirement
- All taxes and assessments legally levied (10-year route)
- Color of title
- Contract for deed qualifies (§ 47-06-03)
- Tenants
- Tenant possession presumed landlord's (§ 28-01-12)
Summary
North Dakota's baseline adverse-possession period is 20 years of continuous, adverse possession (N.D. Cent. Code §§ 28-01-04 and 28-01-08). The period drops to 10 years under § 47-06-03 when the occupant holds under color of title and has paid all taxes and assessments legally levied on the land.
No action for the recovery of real property or for the possession thereof may be maintained, unless the plaintiff, or the plaintiff's ancestor, predecessor, or grantor, was seized or possessed of the premises in question within twenty years before the commencement of such action.
Full Breakdown
Section 28-01-04 bars an action to recover real property 'unless the plaintiff... was seized or possessed of the premises in question within twenty years before the commencement of such action,' and § 28-01-08 deems possession under a written instrument adverse only after 'a continued occupation and possession... under such claim for twenty years.' The short 10-year route is § 47-06-03: title is valid where a person 'in the actual open adverse and undisputed possession of the land under such title for a period of ten years' has 'paid all taxes and assessments legally levied thereon.' That statute adds that 'a contract for deed shall constitute color of title within the meaning of this section.' Possession must be actual, open, hostile, exclusive, and continuous. A tenant's possession is presumed to be the landlord's, defeating adverse claims by tenants (§ 28-01-12).
Violations & Penalties
No specific statutory penalty for civil adverse possession: if the 20-year period (or 10 years with color of title and paid taxes) is not met, the occupant has no claim and is removed by a court action, typically an eviction or quiet-title suit.
Frequently Asked Questions
How long before a squatter can claim property in North Dakota?
Does paying property taxes help a squatter in North Dakota?
Sources
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