# Title 47 — Property

## Chapter 47-10 — Real Property Transfers

### § 47-10-01. Method of transfer.

An estate in real property, other than an estate at will or for a term not exceeding one year,
can be transferred only by operation of law or by an instrument in writing, subscribed by the
party disposing of the same or by the party's agent thereunto authorized by writing. This does
not abridge the power of any court to compel the specific performance of any agreement for the
sale of real property in case of part performance thereof.
### § 47-10-02. Sale of realty - Duty of seller.

An agreement to sell real property binds the seller to execute a conveyance in form
sufficient to pass the title to the property.
### § 47-10-02.1. Property disclosure - Requirements - Exceptions.

1. Unless the transaction is exempted under subsection 7, this section applies to a
transaction for the sale, exchange, or purchase of real property if:
a. A real estate broker, real estate broker associate, or real estate salesperson who
is associated with a real estate brokerage firm represents or assists a party to the
transaction; and
b. The real property is a residential dwelling with no more than four units located in
this state being sold or exchanged by the owner.
2. Except as otherwise provided in an offer to purchase agreement, before the parties
sign the final acceptance of the purchase agreement for the sale, exchange, or
purchase of the real property, the seller in a transaction subject to subsection 1 shall
prepare a written disclosure form and shall make the written disclosure form available
to the prospective buyer. The written disclosure form must include all material facts the
seller is aware could adversely and significantly affect an ordinary buyer's use and
enjoyment of the property or any intended use of the property of which the seller is
aware. The written disclosure form must be in the form of the written disclosure form
established by the North Dakota real estate commission under subsection 4 or in a
substantially similar form and must include latent defects, general condition,
environmental issues, structural systems, and mechanical issues regarding the
property. The seller shall complete the written disclosure in good faith and based upon
the best of the seller's knowledge at the time of the disclosure.
3. If a real estate broker, real estate broker associate, or real estate salesperson who is
associated with a real estate brokerage firm represents or assists a party to the
transaction, following the sale, exchange, or purchase of real property, the brokerage
firm shall retain a copy of the written disclosure completed and signed by the seller
and signed by the prospective buyer. The brokerage firm's duties under this section do
not supersede any other common law or statutory duties.
4. The North Dakota real estate commission shall establish and make available a written
disclosure form meeting the requirements of this section. In establishing the form, the
commission shall consult with stakeholders, such as professional organizations.
5. If a real estate broker, real estate broker associate, or real estate salesperson who is
associated with a real estate brokerage firm violates this section, the state real estate
commission may investigate and take disciplinary action under section 43-23-11.1.
6. Unless the transaction is subject to subsection 1 or exempted under subsection 7, the
seller of real property that is a residential dwelling with no more than four units located
in this state being sold or exchanged by the owner shall comply with the provisions of
this subsection. Except as otherwise provided in an offer to purchase agreement,
before the parties sign the final acceptance of the purchase agreement for the sale,
exchange, or purchase of the real property, the seller in a transaction subject to this
subsection shall disclose to the buyer, in writing, all material facts the seller is aware
could adversely and significantly affect an ordinary buyer's use and enjoyment of the

property or any intended use of the property of which the seller is aware. The written
disclosure may be in the form of a written property disclosure form.
7. This section does not apply to transactions for the sale, exchange, or purchase of real
property made:
a. Pursuant to a court order;
b. Between government agencies;
c. By a mortgagor in default to a mortgagee;
d. Pursuant to a foreclosure sale;
e. By a mortgagee or a beneficiary of a deed of trust who acquired the real property
by a:
(1) Foreclosure;
(2) Deed in lieu of foreclosure; or
(3) Collateral assignment of beneficial interest;
f. By a fiduciary administering a decedent's estate, guardianship, conservatorship,
or trust;
g. Between co-owners of the real property;
h. To a spouse, child, parent, sibling, grandchild, or grandparent; or
i. If the real property is newly constructed residential real property with no previous
occupancy.
### § 47-10-02.2. Disclosure of prior radon test - Immunity from liability - Definitions.

1. As used in this section:
a. "Buyer" means a person negotiating or offering to acquire real property for value
or legal or equitable title, or the right to acquire legal or equitable title to
residential real property.
b. "Mitigation" means measures designed to permanently reduce indoor radon
concentrations.
c. "Seller" means a person that owns legal or equitable title to residential real
property.
d. "Test" or "testing" means a measurement of indoor radon concentrations
according to the "National Radon Action Plan 2021-2025", published by the
environmental protection agency.
2. Before executing an agreement to sell or transfer residential real property, except as
otherwise provided in an offer to execute a purchase agreement, a seller shall disclose
in writing to the buyer any knowledge the seller has of radon concentrations in the
property. The seller or seller's agent shall provide the following disclosure statement to
the buyer, and the buyer shall acknowledge its receipt by signing a copy of the
disclosure statement:
3. If the seller has knowledge the property previously has undergone testing for radon
gas and radon progeny, the seller shall provide a copy of test results reasonably
available to or in the seller's possession and evidence of mitigation to the buyer before
executing an agreement to sell or transfer the property. Any test result or evidence of
mitigation furnished under this section does not constitute a promise, warranty, or
representation by the seller or the seller's agent that the test results are accurate or
the mitigation is effective.
4. This section does not create a contingency on the purchase of the property or any
right to rescind a contract for purchase unless the contingency or right to rescind is an
express term of the contract.

5. A seller or seller's agent complying with this section is not liable for any claim or action
based on the presence of radon gas or radon progeny found in the residential real
property subject to disclosure under this section.
### § 47-10-02.3. Required disclosures - Seller to provide.

1. As used in this section:
a. "Condominium" has the same meaning as provided under section 47-04.1-01.
b. "Condominium project" means a real property development or plan consisting of
a condominium.
c. "Homeowners' association" means an organization making and enforcing rules
and guidelines for a residential subdivision or planned community.
2. By a mutually agreed upon date or within ten days of executing an agreement to sell or
transfer a property subject to the rules and regulations of a homeowners' association
or condominium project, the seller shall disclose in writing to a prospective buyer:
a. A statement describing the amount of the periodic common expense assessment,
maintenance fees, or other charges and any unpaid common expenses or special
assessments currently due and payable from the seller;
b. The amount of approved special assessments;
c. A copy of the bylaws, amendments, supplemental declarations, rules, or
regulations of the homeowners' association or condominium project, official
minutes from the last two meetings of the association or condominium project,
and the declaration other than the plats and plans;
d. The amount of reserve and capital funds available and committed to current or
pending projects of the homeowners' association or condominium project;
e. Whether the homeowners' association or condominium project uses a reserve
study;
f. The current operating and reserve budgets and year-to-date financial statement
of the homeowners' association or condominium project and of any portions of
those reserves designated by the association or condominium project for any
specified projects;
g. Any insurance documents indicating coverage provided by a homeowners'
association or condominium project;
h. A statement of any unsatisfied judgments against the homeowners' association or
the condominium project and the status of any pending lawsuits in which the
association or project is a defendant, excluding routine assessment collections;
i. Notice of any homeowners' association or condominium project alleged and
uncured violations pertaining to the home or unit;
j. Any fees relating to the transfer of ownership or other transactions;
k. A statement of the remedies available to the homeowners' association or
condominium project as a result of nonpayment;
l. The assessment collection policy;
m. Notice of any homeowners' association or condominium project restrictions
related to the leasing of a unit;
n. A list of homeowners' association or condominium project amenities; and
o. The contact information for the homeowners' association or condominium project
or community association manager.
3. The documents provided under subsection 2 must include information from at least the
ninety days immediately preceding the effective date of the agreement to sell or
transfer a property.
4. A seller or seller's agent complying with this section is not liable for any claim or action
based on the disclosed information under subsection 1.
5. The homeowners' association or condominium project, within ten days after a request
by a seller, or the seller's authorized representative, shall furnish the documents
required under subsection 2. The homeowners' association or condominium project
may charge a reasonable fee, which must be disclosed before the final acceptance of
a purchase agreement, for furnishing any homeowners' association or condominium

project documents under subsection 2. If the requested documents under subsection 2
are not available, the homeowners' association or condominium project shall notify the
seller of the unavailability of the documents, provided the documents are not the
information requested under subdivisions a, b, d, and f of subsection 2.
6. A buyer is not liable for any unpaid assessment or fee greater than the amount
provided in the documents prepared by the homeowners' association or condominium
project. A seller is not liable to a buyer for the failure or delay of the homeowners'
association or condominium project to provide the documents in a timely manner, but
the purchase contract is voidable by the buyer until the documents have been
provided and for five days after receipt of the documents or until conveyance,
whichever occurs first.
7. If, after delivering the homeowners' association or condominium project information to
the buyer or the buyer's agent and before the date of closing for the property or the
date of possession of the property, whichever comes first, the seller becomes aware of
any change of material fact that would affect the information, the seller must furnish a
written amendment disclosing the change of material fact.
### § 47-10-03. Agreement to give usual covenants on sale - Duty imposed.

An agreement on the part of a seller of real property to give the usual covenants binds the
seller to insert in the grant covenants of seizin, quiet enjoyment, further assurance, general
warranty, and against encumbrances.
### § 47-10-04. Form of covenants.

The covenants mentioned in section 47-10-03 must be in substance as follows:
The party of the first part covenants with the party of the second part that the former now is
seized in fee simple of the property granted, that the latter shall enjoy the same without any
lawful disturbance, that the same is free from all encumbrances, that the party of the first
part and all persons acquiring any interest in the same through or for the party of the first
part on demand will execute and deliver to the party of the second part, at the expense of
the latter, any further assurance of the same that reasonably may be required, and that the
party of the first part will warrant to the party of the second part all the said property against
every person lawfully claiming the same.
### § 47-10-05. Grants - Execution - Witnesses sufficient - Seal unnecessary.

The execution of a grant of an estate in real property to entitle the same to be recorded, if it
is not acknowledged, must be proved by a subscribing witness or as otherwise provided in
sections 47-19-23 and 47-19-24. The absence of the seal of any grantor or grantor's agent from
any grant of an estate made in real property shall not invalidate or in any manner impair the
same.
### § 47-10-05.1. Presumption of corporate authority of officers - Application.

An officer of any foreign or domestic corporation, or a manager of any foreign or domestic
limited liability company, is presumed to have the power and authority to execute and
acknowledge, in its behalf, any instrument granting, conveying, or otherwise affecting any
interest in or lien upon any property of the corporation or limited liability company, including
contracts, mortgages, deeds, plats, replats, easements, rights of way, options, dedications,
restrictions, releases, and satisfactions. Any such instrument executed by an officer of the
corporation or limited liability company prior to July 1, 1983, and otherwise proper, is valid and
effective.
### § 47-10-06. Form of grant.

A grant of an estate in real property may be made in substance as follows:
This grant made the ________ day of ______, in the year of ______, between A.B., of
______, of the first part, and C.D., of ______, of the second part, witnesseth: That the
party of the first part hereby grants to the party of the second part in consideration of

______ dollars, now received, all the real property situated in ______, and bounded
(or described) as follows:
_____________________________
Witness the hand of the party of the first part.
### § 47-10-07. Deed - Execution - Post-office and street address of grantee a prerequisite.

Each deed executed in which real estate is described shall contain the post-office address,
and any known or existing street address if within the corporate boundaries of a city, of each
grantee named in such deed.
### § 47-10-08. Grant conclusive against whom.

Every grant of an estate in real property is conclusive against the grantor and every one
subsequently claiming under the grantor, except a purchaser or encumbrancer who in good faith
and for a valuable consideration acquires a title or lien by an instrument that first is duly
recorded.
### § 47-10-09. Grant valid pro tanto.

A grant made by the owner of an estate for life or years, purporting to transfer a greater
estate than the owner could transfer lawfully, does not work a forfeiture of the owner's estate but
passes to the grantee all the estate which the grantor could lawfully transfer.
### § 47-10-10. Title to highway, street, alley, and public right of way - Vacation.

A transfer of land bounded by a highway, street, alley, or public right of way passes the title
of the person whose estate is transferred to the soil of the highway, street, alley, or public right
of way in front to the center thereof unless a different intent appears from the grant. Every
conveyance of real estate, which abuts upon a vacated highway, street, alley, or other public
right of way, shall be construed, unless a contrary intent appears, to include that part of such
highway, street, alley, or public right of way which attaches either by operation or presumption of
law, to such abutting real estate upon such vacation.
### § 47-10-11. Easements - Pass by transfer of property to which attached.

A transfer of real property passes all easements attached thereto and creates in favor
thereof an easement to use other real property of the person whose estate is transferred in the
same manner and to the same extent as such property obviously and permanently was used by
the person whose estate is transferred, for the benefit thereof, at the time when the transfer was
agreed upon or completed.
### § 47-10-12. Warranties - Lineal and collateral abolished - Exceptions.

Lineal and collateral warranties with all their incidents are abolished but the heirs and
devisees of any person who has made any covenant or agreement in reference to the title of, in,
or to any real property are answerable upon such covenant or agreement to the extent of the
land descended or devised to them in the cases and in the manner prescribed by law.
### § 47-10-13. Grant presumes fee simple title.

A fee simple title is presumed to be intended to pass by a grant of real property unless it
appears from the grant that a lesser estate was intended.
### § 47-10-14. Grant takes effect on performance of condition.

An instrument purporting to be a grant of real property to take effect upon a condition
precedent passes the estate upon the performance of the condition.
### § 47-10-15. After-acquired title.

When a person purports by proper instrument to convey real property in fee simple and
subsequently acquires any title or claim of title to the real property, the real property passes by

operation of law to the person to whom the property was conveyed or that person's successor. A
quitclaim deed that includes the word "grant" in the words of conveyance, regardless of the
words used to describe the interest in the real property being conveyed by the grantor, passes
after-acquired title. The use of a quitclaim deed, with or without the inclusion of after-acquired
title in the deed, does not create any defect in the title of a person that conveys real property.
This section applies to any conveyance regardless of when executed.
### § 47-10-16. Reconveyance when estate defeated by nonperformance of condition

subsequent.
When a grant is made upon condition subsequent and subsequently is defeated by the
nonperformance of the condition, the person otherwise entitled to hold under the grant must
reconvey the property to the grantor or the grantor's successors by grant duly acknowledged for
record.
### § 47-10-17. Encumbrances defined.

The term encumbrances includes taxes, assessments, and all liens upon real property.
### § 47-10-18. Liability of grantor.

Whoever conveys real estate by deed or mortgage containing a covenant that it is free from
all encumbrances, when an encumbrance appears of record to exist thereon, whether known or
unknown to that person, shall be liable in an action of contract, to the grantee and the grantee's
heirs, executors, administrators, successors, grantees, or assigns for all damages sustained in
removing the same.
### § 47-10-19. Covenants implied from use of word grant.

From the use of the word "grant" in any conveyance by which an estate of inheritance or fee
simple is to be passed, the following covenants, and none other, on the part of the grantor for
the grantor and the grantor's heirs to the grantee and the grantee's heirs and assigns, are
implied unless restrained by express terms contained in such conveyance:
1. That previous to the time of the execution of such conveyance, the grantor has not
conveyed the same estate, nor any right, title, or interest therein, to any person other
than the grantee; and
2. That such estate, at the time of the execution of such conveyance, is free from
encumbrances done, made, or suffered by the grantor, or any person claiming under
the grantor. Such covenants may be sued upon in the same manner as if they had
been inserted expressly in the conveyance.
### § 47-10-20. Attornment - When unnecessary.

Grants of rents, reversions, or remainders are good and effectual without attornments of the
tenants, but no tenant, who before notice of the grant shall have paid rent to the grantor, must
suffer any damage thereby.
### § 47-10-21. Reservation of coal limited to description.

Repealed by S.L. 1979, ch. 187, § 108.
### § 47-10-22. Reservation without description ineffectual.

Repealed by S.L. 1979, ch. 187, § 108.
### § 47-10-23. Transfer by grantor to the grantor and another in joint tenancy.

Any person, firm, corporation, or limited liability company owning a legal or equitable title to
or interest in any real property in the state of North Dakota may sell, transfer, and convey the
same as grantor to the grantor and any other person, firm, corporation, or limited liability
company, including the spouse of said grantor, in joint tenancy, with right of survivorship, without
the necessity of any transfer or conveyance to or through any third person.

### § 47-10-23.1. Nontestamentary transfer between spouses - Presumption.

A nontestamentary transfer of real property between spouses shall be presumed to be for a
consideration, and not a gift, unless otherwise stated in writing at the time of transfer. This
presumption is conclusive.
### § 47-10-24. Description and definition of minerals in leases and conveyances.

(Retroactive application - See note)
1. All conveyances of mineral rights or royalties in real property in this state, excluding
leases, must be construed to grant or convey to the grantee all minerals of any nature
whatsoever except those minerals specifically excluded by name in the deed, grant, or
conveyance, and their compounds and byproducts, but may not be construed to grant
or convey to the grantee any interest in any gravel, clay, or scoria unless specifically
included by name in the deed, grant, or conveyance.
2. Except as provided in subsection 3, a lease of mineral rights in this state may not be
construed as passing any interest to any minerals except those minerals specifically
included and set forth by name in the lease. For the purposes of this section, the
naming of either a specific metalliferous element, or nonmetalliferous element, and if
so stated in lease, is deemed to include all of its compounds and byproducts, and in
the case of oil and gas, all associated hydrocarbons produced in a liquid or gaseous
form so named must be deemed to be included in the mineral named. Except as
provided in subsection 3, the use of the words "all other minerals" or similar words of
an all-inclusive nature in any lease may not be construed as leasing any minerals
except those minerals specifically named in the lease and their compounds and
byproducts.
3. As provided under section 38-12-06, a lease of coal in this state whenever granted is
deemed to include all critical minerals and rare earth minerals chemically bound,
embedded, commingled, included, or contained within a coal seam or coal deposit
unless specifically excluded from the lease of coal.
### § 47-10-25. Meaning of minerals in deed, grant, or conveyance of title to real property.

In all deeds, grants, or conveyances of the title to the surface of real property executed on
or after July 1, 1983, in which all or any portion of the minerals are reserved or excepted and
thereby effectively precluded from being transferred with the surface, all minerals, of any nature
whatsoever, shall be construed to be reserved or excepted except those minerals specifically
excluded by name in the deed, grant, or conveyance and their compounds and byproducts.
Gravel, clay, and scoria shall be transferred with the surface estate unless specifically reserved
by name in the deed, grant, or conveyance.
### § 47-10-26. Authority of trustee.

The trustee of a trust that holds title to real property is presumed to have the power to sell,
convey, and encumber the real property unless restrictions on that power appear in the records
of the county recorder.
### § 47-10-27. Manufactured homes - Affixation to real property - Conveyance or

encumbrance as real property.
1. For purposes of this section, "manufactured home" means a manufactured home as
defined in section 41-09-02. Notwithstanding this definition, for purposes of 11 U.S.C.
1322(b)(2), a manufactured home is deemed real property. For purposes of this
section, a manufactured home is permanently affixed if the manufactured home is
affixed to real property and connected to residential utilities, such as water, gas,
electricity, or sewer or septic service.
2. To convey or voluntarily encumber a manufactured home as real property, the
following conditions must be met:
a. The manufactured home must be permanently affixed to real property;

b. The ownership interests in the manufactured home and the real property to which
the manufactured home is or will be permanently affixed must be identical,
provided, however, that the owner of the manufactured home, if not the owner of
the real property, is in possession of the real property under the terms of a lease
in recordable form that has a term that continues for at least twenty years after
the date of execution and the consent of the lessor of the real property;
c. The person having an ownership interest in the manufactured home shall execute
and record with the recorder of the county in which the real property is located an
affidavit of affixation as provided in subsection 3 and satisfies the other applicable
requirements of this section; and
d. Upon receipt of a recorded copy of the affidavit of affixation under subsection 5, a
person designated in the affidavit for filing with the department of transportation
shall file the recorded copy of the affidavit of affixation with the department of
transportation, except that:
(1) In a circumstance described in item 1 of subparagraph a of paragraph 4 of
subdivision a of subsection 3, the recorded copy of the affidavit of affixation
and the original manufacturer's certificate of origin, each as recorded in the
county in which the real property is located, must be filed with the
department of transportation under subsection 1 of section 39-05-35;
(2) In a circumstance described in item 1 of subparagraph b of paragraph 4 of
subdivision a of subsection 3, the recorded copy of the affidavit of affixation,
as recorded in the county in which the real property is located, and the
original certificate of title must be filed with the department of transportation
under subsection 2 of section 39-05-35; and
(3) In a circumstance described in item 2 of subparagraph a of paragraph 4 of
subdivision a of subsection 3, item 2 of subparagraph b of paragraph 4 of
subdivision a of subsection 3, or paragraph 6 of subdivision a of
subsection 3, the recorded copy of the affidavit of affixation, as recorded in
the county in which the real property is located, and an application for
confirmation of conversion must be filed with the department of
transportation under subsection 3 of section 39-05-35.
3. a. An affidavit of affixation must contain or be accompanied by:
(1) The name of the manufacturer, the make, the model name, the model year,
the dimensions, the manufacturer's serial number of the manufactured
home, and whether the manufactured home is new or used;
(2) (a) A statement that the party executing the affidavit is the owner of the
real property described in the affidavit; or
(b) If not the owner of the real property:
[1] A statement that the party executing the affidavit is in possession
of the real property under the terms of a lease in recordable form
that has a term that continues for at least twenty years after the
date of execution of the affidavit; and
[2] The consent of the lessor of the real property endorsed upon or
attached to the affidavit and acknowledged or proved in the
manner as to entitle a conveyance to be recorded;
(3) The street address and the legal description of the real property to which the
manufactured home is or will be permanently affixed;
(4) (a) If the manufactured home is not covered by a certificate of title, a
statement by the owner to that effect, and either:
[1] A statement by the owner of the manufactured home that the
manufactured home is covered by a manufacturer's certificate of
origin, the date the manufacturer's certificate of origin was
issued, the manufacturer's serial number, and a statement that
annexed to the affidavit of affixation is the original manufacturer's
certificate of origin for the manufactured home, duly endorsed to
the owner of the manufactured home, and that the owner of the

manufactured home will surrender the manufacturer's certificate
of origin to the department of transportation; or
[2] A statement that the owner of the manufactured home, after
diligent search and inquiry, is unable to produce the original
manufacturer's certificate of origin for the manufactured home
and that the owner of the manufactured home will apply to the
department of transportation for a confirmation of conversion of
the manufactured home; or
(b) If the manufactured home is covered by a certificate of title, either:
[1] A statement by the owner of the manufactured home that the
manufactured home is covered by a certificate of title, the date
the title was issued, the title number, and that the owner of the
manufactured home will surrender the title; or
[2] A statement that the owner of the manufactured home, after
diligent search and inquiry, is unable to produce the certificate of
title for the manufactured home and that the owner of the
manufactured home will apply to the department of transportation
for a confirmation of conversion of the manufactured home;
(5) A statement whether the manufactured home is subject to one or more
security interests or liens and:
(a) If the manufactured home is subject to one or more security interests
or liens, the name and address of each party holding a security
interest in or lien on the manufactured home, including each holder
shown on any certificate of title issued by the department of
transportation, the original principal amount secured by each security
interest or lien, and a statement that the security interest or lien will be
released; or
(b) A statement that each security interest in or lien on the manufactured
home, if any, has been released, together with due proof of each
release;
(6) If the manufactured home is not covered by a manufacturer's certificate of
origin or a certificate of title, a statement by the owner of the manufactured
home to that effect and that the owner of the manufactured home will apply
to the department of transportation for a confirmation of conversion of the
manufactured home;
(7) A statement that the manufactured home is or will be permanently affixed to
the real property;
(8) If the party executing the affidavit acquired the manufactured home before
the affixation of the manufactured home to the real property, that party shall
complete the statement required by subsection 2 of section 11-18-02.2; and
(9) The name and address of a person designated for filing the recorded copy
of the affidavit of affixation with the department of transportation to whom
the recorder shall return the recorded copy of the affidavit of affixation after
the affidavit has been duly recorded in the real property records as provided
in subsection 5.
b. An affidavit of affixation must be duly acknowledged or proved in like manner as
to entitle a conveyance to be recorded, and when so acknowledged or proved
and upon payment of the lawful recording fees, the recorder shall immediately
cause the affidavit of affixation and any attachments to the affidavit to be duly
recorded and indexed under chapter 47-19.
c. The affidavit of affixation must be accompanied by an applicable fee for recording
and issuing a recorded copy of the affidavit.
4. The act of permanently affixing a manufactured home to real property or the recording
of the affidavit of affixation does not impair the rights of a holder of a security interest in
or lien on a manufactured home perfected as provided in section 35-01-05.1, unless
and until the due filing with and acceptance by the department of transportation of an

application to surrender the title as provided in subsection 1 of section 39-05-35 and
the release of the security interest or lien as provided in section 39-05-16.1. Upon the
filing of a release, the security interest or lien perfected under section 35-01-05.1 is
terminated.
5. The affidavit of affixation must be presented for recording pursuant to chapter 47-19,
together with the fees provided by law. Upon receipt from the recorder of a copy of the
recorded affidavit of affixation by the person presenting the affidavit for recording, that
person shall deliver for filing to the department of transportation the copy of the
affidavit of affixation and the other documents as provided in subdivision d of
subsection 2.
6. A manufactured home is deemed to be real property when all of the following events
have occurred:
a. The home is permanently affixed to land as provided in subsection 1;
b. An affidavit of affixation conforming to the requirements of subsection 3 has been
recorded in the conveyance records in the office of the recorder in the county
where the manufactured home is permanently affixed;
c. A copy of the recorded affidavit of affixation has been delivered for filing to the
department of transportation as provided in subsection 5; and
d. The requirements of subsections 1 through 3 of section 39-05-35, as applicable,
have been satisfied.
7. Upon the satisfaction of the requirements of subsection 6, the manufactured home is
deemed to be real property; any mortgage, deed of trust, lien, or security interest that
can attach to land, buildings erected on the land, or fixtures affixed to the land attach
as of the date of its recording in the same manner as if the manufactured home were
built from ordinary building materials onsite. Title to the manufactured home must be
transferred by deed or other form of conveyance that is effective to transfer an interest
in real property, together with the land to which the structure has been affixed. The
manufactured home is deemed to be real property and is governed by the laws
applicable to real property and the department of transportation has no further
authority or jurisdiction over the conveyance or encumbrance of the manufactured
home.
8. Except as provided in subsections 2, 3, 5, 6, and 7, an affidavit of affixation is not
necessary or effective to convey or encumber a manufactured home or to change the
character of the manufactured home to real property. An agreement by a party to the
transaction by which the requirements of this subsection are waived is void as contrary
to public policy.
9. Nothing in this section impairs any rights existing under law before July 1, 2009, of
anyone claiming an interest in a manufactured home.
### § 47-10-28. Mobile home park - Ownership - Transfer of ownership - Tenant rights -

Penalty.
1. A person that owns or purchases an existing mobile home park shall:
a. Obtain an annual license under section 23-10-03;
b. Designate an official local office, except if the mobile home park contains fewer
than twenty-six lots, which must be operational on the fifth business day after the
change of ownership;
c. The mobile home park shall:
(1) Have a designated telephone number manned on weekdays between the
hours of eight a.m. and five p.m.;
(2) Have an operational emergency contact number manned at all times;
(3) Designate at least one individual for the property who has the authority to
make decisions on behalf of and perform, or direct the performance of,
duties imposed on the owner; and
(4) Provide a tenant with the contact information of the individual under
paragraph 3;

d. Provide written notice to a tenant of the mobile home park regarding the change
of ownership within five business days after the change of ownership becomes
effective. The written notice must include the information required under
subdivision c;
e. Acknowledge receipt of tenant inquiries or complaints regarding the park,
pursuant to section 23-10-10.1, within two business days of receiving the inquiry
or complaint;
f. Provide to each tenant, upon a written request by the tenant or the tenant's
agent, a copy of the existing lease terms along with any modifications or
amendments, within ten business days of receipt of a written request;
g. Provide each tenant with the name, address, and telephone number of the legal
entity that owns the mobile home park; and
h. Provide the telephone number of any existing property manager or designated
site agent.
2. A person that owns or purchases an existing mobile home park may not require a
tenant who owns a mobile home located on the property to sell or transfer ownership
of the home to the owner of the mobile home park, except as otherwise provided by
law.
3. A person that owns or purchases an existing mobile home park shall provide a tenant
advance written notice of any modifications to park rules or regulations at least thirty
days before the date the modifications take effect. Except for the rules and regulations
under subsections 4 and 5, upon the effective date of modifications to park rules and
regulations, an owner shall provide a tenant who owns a dwelling unit that fails to
comply with the park rules and regulations written notice of the failure to comply and
provide the tenant three months to remedy the failure or vacate the premises before
initiating an action for eviction against the tenant. During the three-month period the
tenant shall comply with the park rules and regulations that were in effect before the
modifications became effective, including the payment of rent and any other financial
obligations under the terms of the lease. During the three-month period, if the tenant
provides the owner a signed document from a person in the business of relocating
mobile homes declaring it is not possible to relocate the tenant's dwelling unit within
the three-month period, the three-month period must be extended to a date when the
dwelling unit can be relocated or the date that is two months after the end of the
three-month period, whichever date occurs first.
4. A person that owns or purchases an existing mobile home park shall provide a tenant
advance written notice of any modifications to park rules and regulations addressing
sanitation and safety concerns at least thirty days before the date the modifications
take effect.
5. A person that owns or purchases an existing mobile home park shall provide a tenant
advance written notice at least thirty days before implementing a rule or regulation
regarding the removal of a tongue hitch, or any other modification to the dwelling unit
to comply with state or federal housing or financing requirements.
6. Mobile home park rules in effect on the date advance written notice regarding
modifications is provided to a tenant remain in effect until the date the modified rules or
regulations take effect.
7. A person that purchases an existing mobile home park may not increase the monthly
tenant rental obligation for six months if the rental amount was increased within the
sixty-day period before the date the new owner acquired ownership of the park. Any
month-to-month tenancy agreement must provide a minimum of ninety days' notice to
the tenant before any rent increase is effective.
8. A person that owns or purchases an existing mobile home park may purchase utility
services, including water and sewer services on behalf of a tenant, and include the
amount in the monthly rental obligation or bill the tenant as a separate charge based
on actual usage. An owner may not charge a tenant more than the actual cost per unit
amount paid by the landlord to the utility service provider, except for a reasonable
administrative fee that may not exceed three dollars. An owner may not charge or back

charge for the utility services of a tenant paying for the services as a portion of the
tenant's monthly rental obligation, unless the cost of providing the services increases.
If the cost of providing utility services increases, an owner of a mobile home park may
charge a tenant a reasonable amount to cover the increased cost of providing the
service. A mobile home park may not charge a fee for a utility without an individual
meter for each mobile home. The owner shall provide the tenant access to the records
of meter readings taken at the mobile home lot of the tenant.
9. A mobile home park owner shall provide a tenant with a summary outlining the tenant's
lease and the rights and obligations of the tenant and mobile home park owner under
state law.
10. A notice of intent to evict a tenant from a mobile home park under section 47-32-02
must include clear, boldfaced language stating: "You do not have to vacate
immediately. You have the right to remain until a court issues an eviction order."
11. A mobile home park may not charge a monthly late fee of more than ten percent of the
monthly rent. In addition to the monthly late fee, a mobile home park may not charge a
daily late fee of more than five dollars per day.
12. A person that violates a provision of this section is subject to a civil penalty not less
than two thousand five hundred dollars but not exceeding the greater of ten thousand
dollars or actual damages, plus actual attorney's fees and costs.
13. A mobile home park license, issued under chapter 23-10, may be suspended by the
district court of the county where the mobile home park is situated for a violation of this
section. The holder of the mobile home park license must be assessed a civil penalty
for each day the holder's license remains suspended. The amount of the daily penalty
is equal to half of the total rent listed on the rent roll for the mobile home park divided
by the number of days in that month. The license holder must prove each violation has
been remedied and has satisfied all civil penalties assessed before the license holder's
license may be reinstated. The district court has discretion over the terms to be
satisfied before a license is reinstated. If a license holder fails to comply with the terms
of the district court's order, the district court may revoke the holder's license. All park
tenants must be allowed to continue to reside in the mobile home park through the
duration of the license suspension, unless the department of health and human
services takes further disciplinary action against the license under chapter 23-10.
During the period of suspension, the license holder or the license holder's agent may
not modify the park rules or regulations, modify any tenant's rental arrangement,
increase any tenant's rental rate, or terminate any tenant's lease without cause.
14. In a dispute between a landlord and a tenant under this section, the district court of the
county in which the dispute arose has original jurisdiction over the dispute relating to
the suspension of a license. For the recovery of civil damages under subsection 12,
the tenant may elect to commence the action in small claims court or district court. If
an action between a landlord and tenant is commenced, the tenant shall continue
paying rent and comply with all park rules and regulations in effect at the time the
action was commenced. During a pending action under this section, the license holder
or the license holder's agent may not modify the park rules or regulations, modify the
tenant's rental arrangement, increase a tenant's monthly rental rate, or terminate a
tenant's lease without cause.
