North Dakota § 35-03-09 Defeasance must be recorded - Effect of failure to record

North Dakota Statutes

§ 35-03-09 — Defeasance must be recorded - Effect of failure to record

North Dakota § 35-03-09

Title 35Liens

Ch. 35-03Mortgage of Real Property

This text of North Dakota § 35-03-09 (Defeasance must be recorded - Effect of failure to record) 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 § 35-03-09 (2026).

Text

When a grant of real property purports to be an absolute conveyance but is intended to be
defeasible on the performance of certain conditions, the grant is not defeated or affected as
against subsequent purchasers or encumbrancers in good faith and for value, unless an
instrument of defeasance duly executed and acknowledged is recorded in the office of the
recorder of the county where the property is situated.

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When a grant of real property purports to be an absolute conveyance but is intended to be
defeasible on the performance of certain conditions, the grant is not defeated or affected as
against subsequent purchasers or encumbrancers in good faith and for value, unless an
instrument of defeasance duly executed and acknowledged is recorded in the office of the
recorder of the county where the property is situated.