§ 47-16-03 — Filing farm lease containing reservation of title to crop - Waiver of rights on failure to file

North Dakota § 47-16-03

• Jurisdiction: North Dakota
• Title 47: Property
• Ch. 47-16: Leasing of Real Property

Text

failure to file.
1. When a lease of a farm contains a provision reserving title in the lessor to any part of
the crops in excess of the rental share of the lessor until the stated conditions of the
lease have been complied with by the lessee, such lease must be filed in the office of
the recorder in the county in which the land described therein is located if notice by a
real estate recording is sought, and must be filed electronically in the central indexing
system if recording in the central notice system is sought, prior to July first in the year
in which the crops are raised to render such reservation of title effective as to
subsequent purchasers or encumbrancers of any part of the grain over and above the
lessor's rental share produced upon the land.
2. The failure to file such lease or contract in accordance with this section constitutes a
waiver by the lessor of all rights reserved by that person over and above that person's
rental share in such crops as against any subsequent purchaser or encumbrancer of
the lessee.
3. The secretary of state shall provide an electronic system that includes the pertinent
information from the lease that may be filed in the central notice system. A lessor may
file this electronic statement and obtain the same rights under this section as if the
lessor had filed the lease.
4. The fee required to file and index this notice of lease is:
a. As provided in section 11-18-05, if the notice of lease is only a real estate
recording;
b. As provided in section 41-09-96, if the notice of lease is filed only to gain
protection under the central notice system; or
c. As provided in section 11-18-05, if a real estate recording is sought and according
to section 41-09-96 if electronically filed to gain protection under the central
notice system.