North Dakota § 35-01-04 Creation of lien by contract or by operation of law - Special circumstances and exception

North Dakota Statutes

§ 35-01-04 — Creation of lien by contract or by operation of law - Special circumstances and exception

North Dakota § 35-01-04

Title 35Liens

Ch. 35-01General Provisions

This text of North Dakota § 35-01-04 (Creation of lien by contract or by operation of law - Special circumstances and exception) 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 § 35-01-04 (2026).

Text

and exception.
A lien or security interest is created by contract or by operation of law. No lien arises by
operation of law until the time at which the act secured by the lien is to be performed. A security
interest in personal property is governed by chapter 41-09, except that a bill of sale or security
agreement, that is not a purchase money security interest, with respect to household goods,
effects, furniture of married persons, or personal property exempt from execution is void unless
the instrument by which it is transferred or encumbered is jointly executed by the husband and
wife, if both are living. This section does not apply to transfers or liens arising by operation of
law nor to security agreements relating to threshed grains made with any lending agency
authorized to make co

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and exception.
A lien or security interest is created by contract or by operation of law. No lien arises by
operation of law until the time at which the act secured by the lien is to be performed. A security
interest in personal property is governed by chapter 41-09, except that a bill of sale or security
agreement, that is not a purchase money security interest, with respect to household goods,
effects, furniture of married persons, or personal property exempt from execution is void unless
the instrument by which it is transferred or encumbered is jointly executed by the husband and
wife, if both are living. This section does not apply to transfers or liens arising by operation of
law nor to security agreements relating to threshed grains made with any lending agency
authorized to make commodity credit corporation loans on threshed grains.