§ 35-37-06 — Expiration of lien - Enforcement - Joinder and consolidation - Costs - Personal actions - Other rights and remedies

North Dakota § 35-37-06

• Jurisdiction: North Dakota
• Title 35: Liens
• Ch. 35-37: Oil and Gas Owner's Sales Liens

Text

Personal actions - Other rights and remedies.
1. The security interest and lien granted to an interest owner follow the oil and gas
unpaid for or the proceeds of the oil or gas if the oil or gas has been sold. The security
interest and lien expire one year after the date of the filing of the notice of lien unless
proper action to enforce the lien is commenced within such time in the district court of
the county in which the well is located, or wherever the oil or gas unpaid for or the
proceeds of oil or gas sold may be found. Persons claiming security interests and liens
with respect to the oil or gas from the same well may join in the same action, and
where separate actions are commenced the court may consolidate them. The court
may allow as part of the costs of the action moneys paid for filing and recording
instruments and reasonable attorney's fees for the prevailing party. If an action is
commenced after the filing of a lien, the lien is considered a lien upon the oil or gas
severed, or the proceeds of sale if the oil or gas has been sold, to the extent of the
interest of the claimant, for payment of the amount due the claimant and the security
interest and lien of the claimant may be enforced in the manner provided by law.
2. This chapter does not impair or affect the right of a person to whom a debt may be due
to maintain a personal action to recover the debt against the person liable for payment
of the debt.
3. This chapter does not impair or affect the rights, priorities, or remedies of a person
under the Uniform Commercial Code and this chapter is cumulative to and not a
limitation on or a substitution for any rights or remedies otherwise provided by law to a
creditor against the creditor's debtor.