§ 32-16-45 — Costs, fees, and disbursements

North Dakota § 32-16-45

• Jurisdiction: North Dakota
• Title 32: Judicial Remedies
• Ch. 32-16: Action for Partition of Real Property

Text

The costs of a partition, including reasonable counsel fees, expended by the plaintiff or any
of the defendants, for the common benefit, fees of referees, and other disbursements, must be
paid by the parties respectively entitled to share in the lands divided in proportion to their
respective interests therein and may be included and specified in the judgment. In that case
they shall be a lien on the several shares, and the judgment may be enforced by execution
against such shares and against other property held by the respective parties. When, however,
litigation arises between some of the parties only, the court may require the expense of such
litigation to be paid by the parties thereto, or any of them.