§ 47-06-04 — Fixtures - When tenant may remove

North Dakota § 47-06-04

• Jurisdiction: North Dakota
• Title 47: Property
• Ch. 47-06: Real Estate Title by Occupancy and Accession

Text

When a person affixes that person's property to the land of another without an agreement
permitting that person to remove it, the thing affixed belongs to the owner of the land, unless the
owner of the land chooses to require the former to remove it. A tenant may remove from the
demised premises, anytime during the continuance of the tenant's term, anything affixed
thereto, for the purpose of trade, manufacture, ornament, or domestic use, if the removal can be
effected without injury to the premises, unless the thing has become an integral part of the
premises by the manner in which it is affixed. When any tenant upon agricultural land shall have
built, erected, or placed upon such leased premises during the tenant's tenancy, any grain bin,
granary, or structure for the purpose of housing grain, and no written agreement between the
landlord and the tenant has been made as to its removal, the tenant may remove the same at
any time within eight months after the termination of the tenant's lease and the vacating of said
premises. The tenant shall not have said right of removal as against the owner or holder of any
mortgage, deed, or conveyance which shall have been filed and recorded after the building,
erection, or placing of such bin, granary, or structure, unless such tenant, within sixty days after
such building, erecting, or placing, shall have filed in the office of the recorder a written notice
describing the land, the character of the structure, and stating that the tenant intends to remove
such structure as provided by law.