North Dakota § 28-01-09 Acts constituting adverse possession based upon a written instrument

North Dakota Statutes

§ 28-01-09 — Acts constituting adverse possession based upon a written instrument

North Dakota § 28-01-09

Title 28Judicial Procedure, Civil

Ch. 28-01Time for Commencing Actions

This text of North Dakota § 28-01-09 (Acts constituting adverse possession based upon a written instrument) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 28-01-09 (2026).

Text

For the purpose of constituting an adverse possession by any person claiming a title founded upon a written instrument or upon a judgment or decree, land must be deemed to have been so possessed and occupied in each of the following cases:

1.When it has been usually cultivated or improved;

2.When it has been protected by a substantial enclosure;

3.When, although not enclosed, it has been used for the supply of fuel or of fencing timber for the purposes of husbandry, or the ordinary use of the occupant; or

4.When a known farm or a single lot has been partly improved, the portion of such farm or lot that may have been left not cleared or not enclosed according to the usual course and custom of the adjoining country, must be deemed to have been occupied for the same length of time as the

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For the purpose of constituting an adverse possession by any person claiming a title
founded upon a written instrument or upon a judgment or decree, land must be deemed to have
been so possessed and occupied in each of the following cases:
1. When it has been usually cultivated or improved;
2. When it has been protected by a substantial enclosure;
3. When, although not enclosed, it has been used for the supply of fuel or of fencing
timber for the purposes of husbandry, or the ordinary use of the occupant; or
4. When a known farm or a single lot has been partly improved, the portion of such farm
or lot that may have been left not cleared or not enclosed according to the usual
course and custom of the adjoining country, must be deemed to have been occupied
for the same length of time as the part improved and cultivated, but when the premises
consist of two or more contiguous lots, the possession of one lot may not be deemed a
possession of any other of such lots.