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47-06 Real Estate Title by Occupancy and Accession

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CHAPTER 47-06REAL ESTATE TITLE BY OCCUPANCY AND ACCESSION47-06-01.Title by occupancy.Occupancy for any period confers a title sufficientagainst all except the state and those who have title by prescription, accession, transfer, will, or<br>succession.47-06-02.Title by prescription - Occupancy required.Occupancy for the periodprescribed by any law of this state as sufficient to bar an action for the recovery of the property<br>confers a title thereto, denominated a title by prescription, which is sufficient against all.47-06-03. Title to real property - Adverse possession. A title to real property, vestedin any person who has been or hereafter shall be, either alone or including those under whom<br>that person claims, in the actual open adverse and undisputed possession of the land under such<br>title for a period of ten years and who, either alone or including those under whom that person<br>claims, shall have paid all taxes and assessments legally levied thereon, shall be valid in law.<br>Possession by a county under tax deed shall not be deemed adverse. A contract for deed shall<br>constitute color of title within the meaning of this section from and after the execution of such<br>contract.47-06-04. Fixtures - When tenant may remove. When a person affixes that person'sproperty to the land of another without an agreement permitting that person to remove it, the<br>thing affixed belongs to the owner of the land, unless the owner of the land chooses to require<br>the former to remove it. A tenant may remove from the demised premises, anytime during the<br>continuance of the tenant's term, anything affixed thereto, for the purpose of trade, manufacture,<br>ornament, or domestic use, if the removal can be effected without injury to the premises, unless<br>the thing has become an integral part of the premises by the manner in which it is affixed. When<br>any tenant upon agricultural land shall have built, erected, or placed upon such leased premises<br>during the tenant's tenancy, any grain bin, granary, or structure for the purpose of housing grain,<br>and no written agreement between the landlord and the tenant has been made as to its removal,<br>the tenant may remove the same at any time within eight months after the termination of the<br>tenant's lease and the vacating of said premises. The tenant shall not have said right of removal<br>as against the owner or holder of any mortgage, deed, or conveyance which shall have been filed<br>and recorded after the building, erection, or placing of such bin, granary, or structure, unless such<br>tenant, within sixty days after such building, erecting, or placing, shall have filed in the office of<br>the recorder a written notice describing the land, the character of the structure, and stating that<br>the tenant intends to remove such structure as provided by law.47-06-04.1. Mobile home storm shelters - Placement and transfer of ownership.1.Upon approval of the mobile home park owner, the owner of a mobile home located<br>in the park may construct a storm shelter in the mobile home park. The approval<br>must be in writing and must include the type, location, and use of the shelter, and an<br>agreement between the park owner and the mobile home owner concerning<br>ownership and maintenance of the shelter.2.Notwithstanding section 47-06-04, the agreement between the owner of the mobile<br>home and the park owner must provide that the owner of the mobile home is the<br>owner of the shelter and may remove the shelter provided the land is returned to its<br>original condition during any time that person owns the mobile home.3.The shelter owner may transfer ownership of the shelter to either a person who<br>purchases the mobile home or to the mobile home park owner. The transfer must<br>be in writing; must include the type, location, and use of the shelter; must include the<br>maintenance responsibilities of the parties; and must be signed by both parties. If a<br>mobile home owner transfers the shelter to a purchaser of the mobile home, the<br>terms of the transfer must be the same as the terms of the agreement between the<br>park owner and the mobile home owner required under subsection 1.Page No. 1a.If a suitable price cannot be agreed upon with the mobile home park owner, the<br>shelter owner is deemed to have transferred the ownership and maintenance<br>responsibilities of the shelter to the park owner without cost, unless the shelter<br>is removed or the shelter is transferred to a purchaser of the mobile home as<br>provided in this section.b.If the park owner is unwilling to assume ownership of the shelter, the park<br>owner may require the mobile home owner to remove the shelter and return the<br>land to its original condition.4.The park owner is not liable for any injury or damages that may occur to the mobile<br>home owner as a result of the installation or use of the mobile home storm shelter.5.All shelters must meet with the approval of local governing bodies.47-06-05. Riparian accretions. Where from natural causes land forms by imperceptibledegrees upon the bank of a river or stream, navigable or not navigable, either by accumulation of<br>material or by the recession of the stream, such land belongs to the owner of the bank, subject to<br>any existing right of way over the bank.47-06-06. Avulsion - Title - Reclamation by original owner - Limitations. If a river orstream, navigable or not navigable, carries away by sudden violence a considerable and<br>distinguishable part of a bank and bears it to the opposite bank or to another part of the same<br>bank, the owner of the part carried away may reclaim it within a year after the owner of the land<br>to which it has been united takes possession thereof.47-06-07. Ancient streambed taken by owners of new course as indemnity. If astream, navigable or not navigable, forms a new course abandoning its ancient bed, the owners<br>of the land newly occupied take by way of indemnity the ancient bed abandoned, each in<br>proportion to the land of which the owner has been deprived.47-06-08. Islands and relicted lands in navigable streams belong to state. Islandsand accumulations of land formed in the beds of streams which are navigable belong to the<br>state, if there is no title or prescription to the contrary. The control and management, including<br>the power to execute surface and mineral leases, of islands, relictions, and accumulations of land<br>owned by the state of North Dakota in navigable streams and waters and the beds thereof, must<br>be governed by chapter 61-33.47-06-09.Islands and relicted land in nonnavigable streams.An island oraccumulation of land formed in a stream which is not navigable belongs to the owner of the shore<br>on that side where the island or accumulation is formed, or if not formed on one side only, to the<br>owners of the shore on the two sides, divided by an imaginary line drawn through the middle of<br>the river.47-06-10.Island formed by dividing stream - Title. If a stream, navigable or notnavigable, in forming itself a new arm divides itself and surrounds land belonging to the owner of<br>the shore and thereby forms an island, the island belongs to such owner.Page No. 2Document Outlinechapter 47-06 real estate title by occupancy and accession