47-19.1 Marketable Record Title

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CHAPTER 47-19.1MARKETABLE RECORD TITLE47-19.1-01. What constitutes marketable title. Any person having the legal capacity toown real estate in this state, who has an unbroken chain of title to any interest in real estate by that person and that person's immediate or remote grantors under a deed of conveyance which has been recorded for a period of twenty years or longer, and is in possession of such real estate, shall be deemed to have a marketable record title to such interest, subject only to such claims thereto and defects of title as are not extinguished or barred by the application of the provisions of this chapter, instruments which have been recorded less than twenty years, and any encumbrances of record not barred by the statute of limitations.47-19.1-02. Definitions. As used in this chapter:1.A person shall be deemed to have the unbroken chain of title to an interest in real estate when the official public records of the county wherein such land is situated disclose a conveyance or other title transaction dated and recorded twenty years or more prior thereto, which conveyance or other title transaction purports to create such interest in that person or that person's immediate or remote grantors, with nothing appearing of record purporting to divest that person and that person's immediate or remote grantors of such purported interest.2.Title transaction means any transaction affecting title to real estate, including title by will or descent from any person who held title of record at the date of that person's death, title by a decree or order of any court, title by tax deed or by trustee's, referee's, guardian's, executor's, master's in chancery, or sheriff's deed, as well as by direct conveyance.47-19.1-03. Notice of claim of interest filed. Such marketable title shall be held bysuch person and shall be taken by that person's successors in interest free and clear of all interest, claims, any charges whatever, the existence of which depends in whole or in part upon any act, transaction, event, or omission that occurred twenty years or more prior thereto, whether such claim or charge be evidenced by a recorded instrument or otherwise, and all such interests, claims, and charges affecting such interest in real estate shall be barred and not enforceable at law or equity, unless any person making such claim or asserting such interest or charge, shall, on or before twenty years from the date of recording of deed of conveyance under which title is claimed, or within one year from the effective date of this section, whichever event is the latest in point of time, file for record a notice in writing, duly verified by oath, setting forth the nature of the person's claim, interest, or charge; and no disability nor lack of knowledge of any kind on the part of anyone shall operate to extend the time for filing such claims after the expiration of twenty years from the recording of such deed of conveyance or one year after the effective date of this section, whichever event is the latest in point of time.47-19.1-04. Who may file notice. The notice mentioned in section 47-19.1-03 may befiled for record by the claimant of any interest therein described, or by any other person acting on behalf of a claimant who is under disability, unable to assert a claim on the claimant's own behalf, or one of a class but whose identity cannot be established or is uncertain at the time of filing such claim for record.47-19.1-05. Where notice filed - Contents. The claim referred to in sections 47-19.1-03and 47-19.1-04 shall be filed in each county where the claimed real estate, or any part thereof, is located, and must set forth the legal description of the real estate affected by such claim together with a statement of the nature of the claim, charge, or interest asserted. The description shall be set forth in particular terms and not by general inclusion.47-19.1-06. Notice recorded and indexed. The recorder of each county shall accept allsuch notices which describe real estate located within the county which the recorder serves andPage No. 1shall enter and record such notices in full among miscellaneous instruments and index the same against the real estate.47-19.1-07. Evidence of possession recorded. For the purpose of this chapter, thefact of possession of real estate referred to in section 47-19.1-01 may be shown of record by one or more affidavits which shall contain the legal description of the real estate referred to and show that the record titleholder is upon the date thereof in possession of such real estate.Therecorder shall record such affidavits in the miscellaneous records of the recorder's county and index the same against the real estate. No such affidavits of possession shall be filed as to any real estate before the expiration of twenty years from the recording of deed of conveyance under which title is claimed, or before one year after the effective date of this section, whichever event is the latest in point of time, as to any real estate as to which a claim under the provisions of section 47-19.1-05 shall have been filed.47-19.1-08. Existing statutes of limitation not affected. Nothing contained in thischapter shall be construed to shorten or extend the period for bringing an action or doing any act required under any existing statute of limitations, nor to affect the operation of any existing statutes governing the effect of the recording or the failure to record any instrument affecting lands.47-19.1-09. Slanderous notice - Penalty. No person shall use the privilege of filingnotices under this chapter or recording any instrument affecting title to real property for the purpose of slandering the title to real estate or to harass the owner of the real estate and in any action brought for the purpose of quieting title to real estate, if the court shall find that any person has filed a claim for the purpose of slandering title to such real estate or to harass the owner of the real estate, the court shall award the plaintiff all the costs of such action, including attorney fees to be fixed and allowed to the plaintiff by the court, and all damages that plaintiff may have sustained as the result of such notice of claim having been filed for record or the instrument having been recorded.47-19.1-10. Purpose of chapter. This chapter shall be construed to effect the legislativepurpose of simplifying and facilitating real estate title transactions by allowing persons to deal with the record title owner as defined herein and to rely upon the record title covering a period of twenty years or more subsequent to the recording of a deed of conveyance as set out in section 47-19.1-01, and to that end to bar all claims that affect or may affect the interest thus dealt with, the existence of which claims arises out of or depends upon any act, transaction, event, or omission occurring before the recording of such deed of conveyance, unless a notice of such claim, as provided in section 47-19.1-05, shall have been duly filed for record. The claims hereby barred shall mean any and all interest of any nature whatever, however denominated, whether such claims are asserted by a person sui juris or under disability, whether such person is or has been within or without the state, and whether such person is natural, corporate, private, or governmental.47-19.1-11. Exceptions. This chapter shall not be:1.Applied to bar:a.The rights of any lessor or lessor's successor as reversionary of the lessor's right to possession on the expiration of any lease by reason of failure to file the notice herein required.b.The rights of any remainderman upon the expiration of any life estate or trust created before the recording of a deed of conveyance as set out in section 47-19.1-01.c.Rights founded upon any mortgage, trust deed, or contract for sale of lands which is not barred by the statute of limitations.Page No. 2d.A mere possibility not coupled with an interest nor a mere right of reentry or repossession for breach of a condition subsequent created by a conveyance of record less than forty years.2.Deemed to affect the right, title, or interest of the state of North Dakota, or the United States, in any real estate in North Dakota.3.Applied to the right, title, or interest of any railroad.Page No. 3Document Outlinechapter 47-19.1 marketable record title

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47-19.1 Marketable Record Title