§ 35-27-07 — Title of vendor or consenting owner - Subject to liens

North Dakota § 35-27-07

• Jurisdiction: North Dakota
• Title 35: Liens
• Ch. 35-27: Construction Lien

Text

1. When land is sold under an executory contract requiring the vendee to improve the
land and such contract is forfeited or surrendered after liens have attached by reason
of such improvements, the title of the vendor is subject thereto, but the vendor is not
personally liable if the contract was made in good faith. When improvements are made
by one person upon the land of another, all persons interested in the land, other than
as bona fide prior encumbrancers or lienors, are deemed to have authorized the
improvements, and are subject to the liens attached to the real estate.
2. A person may object to any unauthorized improvements by:
a. Serving upon the person making the improvements, within five days after
knowledge of the improvements, written notice that the improvement is
unauthorized; or
b. Posting a notice objecting to the unauthorized improvements, and keeping the
notice posted in a conspicuous place on the premises.
3. If the legal or equitable owner's tenant orders improvements on leased real estate, no
lien is allowed unless the legal or equitable owner has actual or constructive notice of
the improvements and fails to object to the improvements on the leased property.