North Dakota § 47-04.1-06 Incidents of a condominium grant

North Dakota Statutes

§ 47-04.1-06 — Incidents of a condominium grant

North Dakota § 47-04.1-06

Title 47Property

Ch. 47-04.1Condominium Ownership of Real Property

This text of North Dakota § 47-04.1-06 (Incidents of a condominium grant) 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 § 47-04.1-06 (2026).

Text

Unless otherwise expressly provided for in the deeds, declaration of restrictions or plan, the incidents of a condominium grant are as follows:

1.The boundaries of the unit granted are the interior surfaces of the perimeter walls, floors, ceilings, windows and doors thereof, and the units include both the portions of the building so described and the air-space so encompassed. The following except as provided above are not part of the unit: bearing walls, columns, floors, roofs, foundations, elevator equipment and shafts, central heating, central refrigeration and central air-conditioning equipment, reservoirs, tanks, pumps and other central services, pipes, ducts, flues, chutes, conduits, wires and other utility installations, whenever located, except the outlets thereof when located with

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Unless otherwise expressly provided for in the deeds, declaration of restrictions or plan, the
incidents of a condominium grant are as follows:
1. The boundaries of the unit granted are the interior surfaces of the perimeter walls,
floors, ceilings, windows and doors thereof, and the units include both the portions of
the building so described and the air-space so encompassed. The following except as
provided above are not part of the unit: bearing walls, columns, floors, roofs,
foundations, elevator equipment and shafts, central heating, central refrigeration and
central air-conditioning equipment, reservoirs, tanks, pumps and other central
services, pipes, ducts, flues, chutes, conduits, wires and other utility installations,
whenever located, except the outlets thereof when located within the unit. In
interpreting deeds and plans the existing physical boundaries of the unit or of a unit
reconstructed in substantial accordance with the original plans thereof shall be
conclusively presumed to be its boundaries rather than the metes and bounds
expressed in the deed or plan, regardless of settling or lateral movement of the
building and regardless of minor variance between boundaries shown on the plan or in
the deed and those of the building.
2. The common areas are owned by the owners of the units as tenants in common in
proportion to each unit's interest.
3. A nonexclusive easement for ingress, egress, and support through the common area
is appurtenant to and inseparable from each unit and the common areas are subject to
such easements.
4. Each condominium owner shall have the exclusive right to paint, repaint, tile, wax,
paper, or otherwise refinish and decorate the inner surfaces of the walls, ceilings,
floors, windows, and doors bounding that owner's own unit.
5. Except as provided in section 47-04.1-09, the common areas shall remain undivided,
and there shall be no judicial partition thereof.