§ 47-04-31 — Highways, railways, or rights of way - Covenants of warranty

North Dakota § 47-04-31

• Jurisdiction: North Dakota
• Title 47: Property
• Ch. 47-04: Estates in Real Property

Text

No covenants of warranty shall be considered as broken by the existence of a highway,
railway, or a right of way for either, upon the land conveyed by any instrument of conveyance,
unless otherwise particularly specified in the deed. Whenever in any instrument of conveyance
delivered, filed, and recorded prior to the first day of January 1896, the grantor has conveyed
real property in this state, but has reserved or sought to reserve a right of way over or across
the same for the future construction of any railroad or highway without specifically locating or
describing therein by metes and bounds such right of way, or proposed right of way, or by
reference to permanent marks or monuments, such reservation shall be void in all things, and

such conveyance shall have the same effect as if no such reservation had been made or
attempted to have been made therein unless on July 1, 1907:
1. The grantor or the grantor's successor in interest was in actual possession of, or had
located and permanently marked said right of way;
2. Within one year thereafter filed or caused to be filed in the office of the recorder of the
county wherein the land is situated, a plat describing such selection and such right of
way, properly acknowledged so as to entitle the same to be recorded, and so as to
distinguish readily and designate such right of way from the entire premises described
in the conveyance from which it was attempted to be reserved; or
3. Within such one-year period, an action was commenced in a court of competent
jurisdiction for the purpose of definitely determining and locating such right of way, and
establishing the owner's right thereto, and in such case had filed and recorded a
proper notice of lis pendens in the office of the recorder of the county in which such
land was located.