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Adverse possession in North Dakota

In North Dakota, a suit to recover real property requires that the owner or a predecessor held or possessed it within twenty years before the suit (N.D. Cent. Code 28-01-04).

Statute text read October 8, 2026 on the state's own code site. A law summary for owners, not legal advice: ask a lawyer licensed in North Dakota about a real claim.

How long it takes in North Dakota

Where the claim rests on a written instrument, twenty years of continued occupation makes the included premises held adversely (N.D. Cent. Code 28-01-08).

A title held under ten years of possession is valid when the possessor side also paid all taxes and assessments legally levied on the land (N.D. Cent. Code 47-06-03).

Sources: ND twenty years; ND ten years with taxes

What the statute requires

Without a written instrument, land counts as possessed only where it was protected by a substantial enclosure or usually cultivated or improved (N.D. Cent. Code 28-01-11).

Source: ND enclosure or cultivation

Land and people the clock does not run against

Possession by a county under a tax deed is not treated as adverse (N.D. Cent. Code 47-06-03).

Source: ND county tax deed

Common questions

How many years for adverse possession in North Dakota?

In North Dakota, a suit to recover real property requires that the owner or a predecessor held or possessed it within twenty years before the suit (N.D. Cent. Code 28-01-04).

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