Find Legal Information

47-01 General Provisions

Download pdf

TITLE 47PROPERTYCHAPTER 47-01GENERAL PROVISIONS47-01-01. Ownership defined. The ownership of a thing shall mean the right of one ormore persons to possess and use it to the exclusion of others. In this code the thing of which<br>there may be ownership is called property.47-01-02. Property - Classification. Property is:1.Real or immovable; or2.Personal or movable.47-01-03. Real property defined. Real or immovable property shall consist of:1.Land;2.That which is affixed to land, including manufactured homes as defined in section<br>41-09-02 with respect to which the requirements of subsections 1 through 3 of<br>section 39-05-35, as applicable, have been satisfied;3.That which is incidental or appurtenant to land; and4.That which is immovable by law.47-01-04. Land defined. Land is the solid material of the earth, whatever may be theingredients of which it is composed, whether soil, rock, or other substance.47-01-05. Fixtures defined. A thing is deemed to be affixed to land when it is attachedto it by roots, as in the case of trees, vines, or shrubs, or imbedded in it, as in the case of walls,<br>or permanently resting upon it, as in the case of buildings, or permanently attached to what is<br>thus permanent, as by means of cement, plaster, nails, bolts, or screws.47-01-06. Appurtenances defined. A thing is deemed to be incidental or appurtenant toland when it by right is used with the land for its benefit, as in the case of a way or watercourse,<br>or of a passage for light, air, or heat from or across the land of another. Sluice boxes, flumes,<br>hose, pipes, railway tracks, cars, blacksmith shops, mills, and all other machinery or tools used in<br>working or developing a mine are deemed affixed to the mine.47-01-07. Personal property defined. Personal property shall mean and include everykind of property that is not real.47-01-08.What may be subject to ownership.There may be ownership of thefollowing:1.All inanimate things which are capable of appropriation or of manual delivery.2.All domestic animals.3.All obligations.4.Such products of labor or skill as the composition of an author, the good will of a<br>business, trademarks, signs, and of rights created or granted by statute.Page No. 15.Animals, wild by nature, only when on the land of the person claiming them, or when<br>tamed, taken and held in possession, or disabled and immediately pursued.47-01-09. Public or private ownership - All property subject to. All property in thisstate has an owner, whether that owner is the United States or the state, and the property public,<br>or the owner an individual, and the property private. The state also may hold property as a<br>private proprietor.47-01-10. State ownership - Property appropriated or dedicated - Property havingno owner. The state is the owner of all property lawfully appropriated or dedicated to its own<br>use and of all property of which there is no other owner.47-01-11. Private ownership - Persons qualified - Citizen - Alien. Except as providedin chapter 47-10.1, any person, whether citizen or alien, may take, hold, and dispose of property,<br>real or personal, within this state.47-01-12. Scope of ownership - Above and below surface. The owner of land in feehas the right to the surface and to everything permanently situated beneath or above it.47-01-13. Ownership of land includes water. Repealed by S.L. 1963, ch. 419, </p> <BR></DIV><!-- /.col.one --><!-- /.col.two --></DIV><!-- /.col.main --></DIV><!-- /div id = content --> <BR class=clear></DIV> <!-- /div id = livearea --> <DIV></DIV><!-- /.col.one --> <DIV></DIV><!-- /.col.main --> <DIV></DIV><!-- /#content --><BR class=clear> <DIV></DIV><!-- /#livearea --> <!-- Footer--> <DIV id=footer> <DIV class=container> <P class=copyright>Copyright &copy; 2012-2022 Laws9.Com All rights reserved. </P><!-- /.copyright --> <P class=footerlinks><A href="/contactus.html">Contact Us</A> | <A href="/aboutus.html">About Us</A> | <A href="/terms.html">Terms</A> | <A href="/privacy.html">Privacy</A></P><!-- /.footerlinks --> </DIV><!-- /.container --> </DIV><!-- /footer --> </BODY></HTML>