North Dakota § 35-35-01 Definitions

North Dakota Statutes

§ 35-35-01 — Definitions

North Dakota·Title 35 Liens·Ch. 35-35 Nonconsensual Common-Law Liens

1."Filing officer" includes a county recorder, the secretary of state, and any other government employee who is required in the course of the employee's duties to file or record liens.

2."Nonconsensual common-law lien" means a document that purports to assert a lien against real or personal property of any person and:

a.Is not expressly provided for by a specific state or federal statute;

b.Does not depend upon the consent of the owner of the property affected; and

c.Is not an equitable or constructive lien imposed by a state or federal court of competent jurisdiction.

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1. "Filing officer" includes a county recorder, the secretary of state, and any other
government employee who is required in the course of the employee's duties to file or
record liens.
2. "Nonconsensual common-law lien" means a document that purports to assert a lien
against real or personal property of any person and:
a. Is not expressly provided for by a specific state or federal statute;
b. Does not depend upon the consent of the owner of the property affected; and
c. Is not an equitable or constructive lien imposed by a state or federal court of
competent jurisdiction.

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