What is law governing adverse possession in North Dakota?

In North Dakota, the law governing adverse possession is found in Section 47-19-11 of the North Dakota Century Code. Here are the key elements of the law:

Open and Notorious: The possession of the property must be open, visible, and obvious. It must be such that the true owner would be put on notice that someone else is claiming ownership.

Hostile and Exclusive: The possession must be hostile or adverse to the true owner's rights. This means that the person possessing the property must be claiming it as their own and denying the rights of the true owner. The possession must also be exclusive, meaning that no one else, including the true owner, is exercising any rights over the property.

Continuous: The possession must be continuous for the entire statutory period. In North Dakota, the statutory period for adverse possession is 20 years. The period begins when the possession becomes adverse and continuous, and it continues uninterrupted for 20 years. Any break in possession during this period will reset the clock.

Actual: The possession must be actual and not just occasional or sporadic. The person claiming adverse possession must be using the property in a manner consistent with ownership. This may include living on the property, farming it, constructing buildings, or making other improvements.

Payment of Taxes: In North Dakota, the person claiming adverse possession must also pay all the property taxes on the property during the statutory period. Failure to pay the taxes will interrupt the adverse possession claim.

It's important to note that the law of adverse possession can be complex and there are exceptions to the general rules. If you are interested in claiming adverse possession or are dealing with a potential adverse possession claim, it is advisable to consult with an experienced real estate attorney to ensure your rights are protected.