North Dakota Code § 57-28-19.1

Real estate sold to city or acquired by the county by tax deed to be
Open in Lexace · Ask the AI about this section
marketable.
A city that has purchased property or a county that has acquired a tax deed to property 
under this chapter is deemed to have marketable record title to the property if all of the following 
apply:
1. The county deed conveying the property has been recorded.
2. The city or county has entered into possession of the property and continued its 
possession for three months or longer.
3. No lis pendens giving notice of the pendency of an action challenging the validity of tax 
proceedings or of the deed has been recorded within three months of the date on 
which the city or county entered into possession of the property.

A city or county that is deemed to have marketable record title may convey title free of any 
claims based on a defect in the process through which the city or county obtained title to the 
property. If title of the city or county is deemed marketable under this section, a claimant who 
would be entitled to some claim on the property because of a defect in the process by which the 
city or county obtained title has instead the right to recover from the city or county the net value 
of that claim, subject to the statutory restrictions on claims against a city or county. For the 
purpose of this section, the fact of possession by the city or county may be shown of record by 
one or more affidavits that contain the legal description of the property and show that the city or 
county entered into possession of the property and continued possession for three months or 
longer. The posting on the property of a sign or notice, legible from the street adjacent to the 
property, stating that the property is owned or for sale by the city or county is an act of 
possession by the city or county, but is not required.

‹ Prev All North Dakota sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.