North Dakota § 32-03-11 Damages for breach of covenants in grants

North Dakota Statutes

§ 32-03-11 — Damages for breach of covenants in grants

North Dakota § 32-03-11

Title 32Judicial Remedies

Ch. 32-03Damages and Compensatory Relief

This text of North Dakota § 32-03-11 (Damages for breach of covenants in grants) 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 § 32-03-11 (2026).

Text

The detriment caused by the breach of a covenant of seizin, of right to convey, of warranty, or of quiet enjoyment, in a grant of an estate in real property, is deemed to be:

1.The price paid to the grantor, or if the breach is partial only, such proportion of the price as the value of the property affected by the breach bore at the time of the grant to the value of the whole property.

2.Interest thereon for the time during which the grantee derived no benefit from the property, not exceeding six years.

3.Any expense properly incurred by the covenantee in defending the covenantee's possession.

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The detriment caused by the breach of a covenant of seizin, of right to convey, of warranty,
or of quiet enjoyment, in a grant of an estate in real property, is deemed to be:
1. The price paid to the grantor, or if the breach is partial only, such proportion of the
price as the value of the property affected by the breach bore at the time of the grant
to the value of the whole property.
2. Interest thereon for the time during which the grantee derived no benefit from the
property, not exceeding six years.
3. Any expense properly incurred by the covenantee in defending the covenantee's
possession.