§ 47-19-41 — Effect of not recording - Priority of first record - Constructive notice - Limitation and validation

North Dakota § 47-19-41

• Jurisdiction: North Dakota
• Title 47: Property
• Ch. 47-19: Record Title

Text

Limitation and validation.
An unrecorded conveyance of real estate is void as against any subsequent purchaser in
good faith, and for a valuable consideration, of the same real estate or any part of the same real
estate, regardless of whether recorded in the form of a warranty deed or deed of quitclaim and
release or the form in common use first is recorded or as against an attachment on the property
or judgment, against the owner of record, before the recording of the conveyance. The fact that
the first recorded conveyance is a quitclaim deed does not affect the question of good faith of
the subsequent purchaser, or be of itself notice of any unrecorded conveyance of the same real
estate or any part of the same real estate. This section is notice to all who claim under
unrecorded instruments that prior recording of later instruments may nullify their title to or lien on

affected real property. An action affecting any title to or lien on real property may not be
commenced or defense or counterclaim asserted on the ground that a recorded instrument was
not entitled to be recorded. The record of all instruments whether or not entitled to be recorded
is deemed valid and sufficient as the legal record of the instruments.