North Dakota § 32-17-08 Answer - Counterclaim

North Dakota Statutes

§ 32-17-08 — Answer - Counterclaim

North Dakota § 32-17-08

Title 32Judicial Remedies

Ch. 32-17Actions to Quiet Title and Determine Claims to Real Estate

This text of North Dakota § 32-17-08 (Answer - Counterclaim) 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 § 32-17-08 (2026).

Text

In an action to determine adverse claims, a defendant in the defendant's answer may deny
that the plaintiff has the estate, interest, lien, or encumbrance alleged in the complaint, coupled
with allegations setting forth fully and particularly the origin, nature, and extent of the
defendant's own claim to the property, and, if such defendant claims a lien, the original amount
secured thereby and the date of the same, and the sum remaining due thereon, whether the
same has been secured in any other way or not, and if so secured, the nature and extent of
such security, or the defendant likewise may set forth the defendant's rights in the property as a
counterclaim and may demand affirmative relief against the plaintiff and any codefendant, and in
such case the defendant also may set forth a c

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In an action to determine adverse claims, a defendant in the defendant's answer may deny
that the plaintiff has the estate, interest, lien, or encumbrance alleged in the complaint, coupled
with allegations setting forth fully and particularly the origin, nature, and extent of the
defendant's own claim to the property, and, if such defendant claims a lien, the original amount
secured thereby and the date of the same, and the sum remaining due thereon, whether the
same has been secured in any other way or not, and if so secured, the nature and extent of
such security, or the defendant likewise may set forth the defendant's rights in the property as a
counterclaim and may demand affirmative relief against the plaintiff and any codefendant, and in
such case the defendant also may set forth a counterclaim and recovery from a plaintiff or a
codefendant for permanent improvements made by the defendant or those under whom the
defendant claims, holding under color of title in good faith adversely to the plaintiff or
codefendant against whom the defendant seeks a recovery. Such counterclaim shall set forth
among other things the value of the land aside from the improvements thereon, and, as
accurately as practicable, the improvements upon the land and the value thereof, and in such

case such defendant also may set forth as a counterclaim the defendant's demand for recovery
of the value of the use and occupation of the premises and value of property wasted or removed
therefrom. The answer shall be deemed served on codefendants by filing the same in the office
of the clerk of court of the county where the action is pending at any time within twenty days
after the service of summons on such defendant is complete. If affirmative relief is demanded
against codefendants, the allegations constituting counterclaims shall be deemed controverted
by all the parties, as upon a direct denial or avoidance, as the case may require, without further
pleading.