Squatters Rights North Dakota Summary
Statutory Period
20 years of continuous possession
Primary Statute
North Dakota Century Code § 28-01-04 to § 28-01-11
Additional Requirements
- Open, notorious, exclusive, and hostile possession
- Payment of property taxes (for 5-year claim)
- Color of title (for 5-year claim)
- Cultivation or improvement of the land
Squatters Rights 30 Days North Dakota
Origins of the 30-Day Myth in North Dakota
- Confusion with tenant laws: North Dakota's landlord-tenant laws provide specific protections to legal tenants, including notice requirements before eviction. These do not apply to unauthorized occupants.
- Misunderstanding of adverse possession: The actual statutory period for adverse possession in North Dakota is 10 years (or 5 years with color of title and tax payment), not 30 days.
- Eviction process timelines: The time it takes to legally remove unauthorized occupants through the court system may create the impression that squatters have legal rights after a short period.
North Dakota's 2025 Squatter Removal Process
North Dakota law provides property owners with several options to remove unauthorized occupants:
- Property owners can request law enforcement assistance in removing trespassers through North Dakota's criminal trespass laws
- For situations requiring court action, North Dakota offers a specialized forcible entry and detainer process
- Property owners must provide proof of ownership such as a deed or proper documentation
- As of 2025, North Dakota has strengthened trespassing penalties and clarified removal procedures
Important 2025 Update: North Dakota has clarified its trespassing laws to better address squatting situations, with amendments to North Dakota's criminal trespass statutes to more explicitly address unauthorized property occupation. Law enforcement can now more readily remove unauthorized occupants. For actual adverse possession in North Dakota, a claimant must occupy the property for either 20 years, or 10 years with color of title and tax payment, not 30 days as commonly misunderstood.
Overview of Adverse Possession in North Dakota
Key information about squatter's rights in North Dakota
North Dakota's adverse possession laws feature a dual-track system with different time requirements based on documentation and tax payment. The state also has unique considerations for what constitutes "cultivation" in humid continental environments.
Statutory Time Requirements
North Dakota offers two different paths to establish adverse possession:
- 20 years: Standard adverse possession period (N.D. Cent. Code § 28-01-04)
- 10 years: Shortened period if the possessor has color of title AND has paid all property taxes during that time (N.D. Cent. Code § 47-06-03)
Reference: North Dakota Century Code
Common Law Elements
To establish adverse possession in North Dakota, the following elements must be proven:
- Actual: Physical occupation of the property
- Hostile: Possession without the owner's permission
- Exclusive: Using the property as if the possessor were the owner
- Open and Notorious: Visible use that would be obvious to the true owner
- Continuous: Uninterrupted possession for the entire statutory period
Agricultural Land Cultivation
North Dakota courts recognize specific forms of land cultivation and improvement that demonstrate adverse possession in the state's agricultural environment:
- Fencing the property with substantial enclosures
- Building agricultural structures
- Cultivating crops on the land
- Maintaining grasslands for livestock
- Creating access roads and drainage systems
These activities acknowledge the practical realities of maintaining land in North Dakota's agricultural environment and can serve as evidence of adverse possession.
North Dakota Adverse Possession Statutes
N.D. Cent. Code § 28-01-04. Actions for recovery or possession of real property
No action for the recovery of real property or for the possession thereof may be maintained, unless the plaintiff, or the plaintiff's ancestor, predecessor, or grantor, was seized or possessed of the premises in question within twenty years before the commencement of such action.
N.D. Cent. Code § 47-06-03. Title by occupancy and payment of taxes
All land continuously occupied for ten years by a person having color of title and who has paid all taxes and assessments legally levied thereon shall be deemed to have been held adversely. Land must be taken to have been possessed and occupied in the following cases:
1. When it has been protected by a substantial enclosure;
2. When it has been cultivated or improved in the manner usual for the cultivation and improvement of land in the vicinity.
Important Legal Notes
- North Dakota courts have consistently held that payment of property taxes can reduce the statutory adverse possession period from 20 years to 10 years when the possessor has color of title.
- Under North Dakota law, multiple periods of adverse possession may be "tacked" together if there is privity between successive occupants.
- Adverse possession claims in North Dakota must be initiated by filing a quiet title action.
- North Dakota specifically exempts all government-owned lands from adverse possession claims.
Key North Dakota Adverse Possession Cases
Wertz v. Wertz (2019)
This North Dakota Supreme Court case addressed adverse possession in a family context, clarifying that even when family members are involved, the possession must still be hostile, open, notorious, and exclusive. The court emphasized that permissive use cannot ripen into adverse possession, regardless of how long the property is occupied.
Benson v. Taralseth (2008)
The North Dakota Supreme Court held that continuous payment of property taxes along with color of title for the statutory period of 10 years was sufficient to establish adverse possession under N.D. Cent. Code § 47-06-03, even when the adverse possessor's use of the property was seasonal.
James v. Griffin (2003)
This case clarified what constitutes "substantial enclosure" in the context of North Dakota's adverse possession laws. The court ruled that fencing of agricultural land that is consistent with local practices can satisfy the enclosure requirement for adverse possession claims.
Brown v. Brodell (1997)
Established that in boundary dispute cases, when neighbors have treated a particular line as the boundary for the statutory period, even if that line differs from the recorded legal description, the neighbor who has occupied land beyond their true boundary may acquire it through adverse possession.
North Dakota Adverse Possession Procedures
Making an Adverse Possession Claim
To establish adverse possession in North Dakota, a claimant typically must:
- File a quiet title action in the superior court of the county where the property is located
- Provide evidence meeting either:
- 10-year requirement under A.R.S. § 12-526, OR
- 5-year requirement (with color of title and tax payment) under A.R.S. § 12-527
- Demonstrate that possession was actual, open, notorious, exclusive, hostile, and continuous
- Present evidence such as witness testimony, photographs, surveys, tax receipts, and documentation of improvements
- Be prepared to address any evidence of permissive use or interruption of possession
- Obtain a court judgment granting legal title to the property
Following a successful quiet title action, the claimant should record the judgment with the appropriate county recorder's office to establish clear title to the property.
Defending Against Squatters
North Dakota property owners can protect against adverse possession claims by:
- Regularly inspecting property boundaries
- Posting "No Trespassing" signs around the property perimeter
- Maintaining accurate property surveys and documentation
- Providing written permission for any allowed use of the property
- Keeping property tax payments current
- Taking legal action against unauthorized users before the statutory period expires
- Documenting property visits and inspections
- Considering a property management service for vacant properties
Any action that interrupts the continuity of possession will restart the statutory period and prevent an adverse possession claim from maturing.
Removing Squatters
North Dakota provides property owners with several options for removing unauthorized occupants:
- Law Enforcement Assistance: For clear cases of trespassing, property owners can request immediate assistance from law enforcement to remove unauthorized occupants under North Dakota's criminal trespass laws (A.R.S. § 13-1502 to § 13-1504).
- Forcible Entry and Detainer: This is North Dakota's eviction process for removing unauthorized occupants:
- File a complaint for forcible entry and detainer with the justice court
- Attend the hearing (typically scheduled within 5-10 days)
- Obtain a writ of restitution if the court rules in your favor
- Have the constable execute the writ to remove the squatters
- Criminal Trespass Charges: In many cases, property owners can pursue criminal trespass charges against squatters under A.R.S. § 13-1502 to § 13-1504.
Important: North Dakota law prohibits "self-help" evictions such as changing locks, removing doors, or shutting off utilities. Property owners must follow legal procedures to remove occupants or risk civil and criminal liability.
Frequently Asked Questions
How long must someone occupy my property in North Dakota to claim adverse possession?
In North Dakota, there are two timeframes for adverse possession: 10 years under the standard claim, or 5 years if the claimant has color of title (a document that appears to give ownership rights) and has paid property taxes during that period. The "30-day squatter's rights" claim is a myth - no one can gain ownership rights to your property after just 30 days of occupation.
What constitutes "cultivation" in North Dakota's humid continental environment?
North Dakota courts recognize that traditional cultivation may not be possible in desert areas. Activities like clearing brush, installing fencing, building structures, creating access roads, or other improvements appropriate for desert land can satisfy the cultivation requirement. The courts take a practical approach that acknowledges North Dakota's unique environment.
What is "color of title" in North Dakota adverse possession law?
In North Dakota, "color of title" refers to a written document (such as a deed, will, or other instrument) that appears to give the possessor ownership rights to the property but contains some legal defect. Having color of title along with paying property taxes reduces the required adverse possession period from 10 years to 5 years in North Dakota.
Can I legally remove squatters from my property in North Dakota?
Yes, but you must follow legal procedures. For clear cases of trespassing, you can request immediate law enforcement assistance under North Dakota's criminal trespass laws. In other cases, you must use North Dakota's forcible entry and detainer process, similar to an eviction. "Self-help" methods like changing locks or cutting off utilities are illegal in North Dakota and could result in liability for the property owner.
Can someone claim adverse possession against government-owned land in North Dakota?
No. North Dakota law specifically exempts land owned by the state of North Dakota, the federal government, counties, cities, and other public entities from adverse possession claims. This is particularly significant in North Dakota, where a large percentage of land is publicly owned.
Can trespassers gain rights to my property after 30 days in North Dakota?
No. This is a common misconception. In North Dakota, adverse possession requires either 10 years (standard) or 5 years (with color of title and tax payment) of continuous, open, notorious, exclusive, and hostile possession. Short-term occupancy (whether 30 days or even several months) does not establish any ownership rights through adverse possession in North Dakota.