North Dakota Quit Claim Deed Form
The North Dakota Quit Claim Deed facilitates a property conveyance without any guarantees or warranties between a party who holds interest in a property, the Grantor, and a party who they will sell, gift, or otherwise transfer that interest to, the Grantee. Unlike many legal documents that are confusing to fill out without the guidance of a legal profession, a Quit Claim Deed is undemanding to complete by oneself with the assistance of an online Quit Claim Deed document creator. As highlighted in the sections below, there are a handful of specific components to the contract that must be present in order for it to be filed by the Office of the County Recorder in the public records.
Laws (§ 47-10-15): North Dakota Century Code, Title 47: “Property”
Delivery of written transfer (§ 47-09-06): Only once the Grantor delivers the Quit Claim Deed will it begin to take effect.
Grantee’s addresses (§ 47-10-07): The Grantee’s post office address, as well as his or her street address (if known and if within the corporate boundaries of a city), must be evident in the form.
In writing (§ 47-10-01): State law explicitly states that real property transfers must be conducted via an instrument in writing, such as the North Dakota Quit Claim Deed contract offered here.
Statement of drafter’s name and address (§ 47-19-03.1): A statement which makes known the name and address of the person who drafted the Quit Claim Deed must appear on the form. The statement may be in substantially the same manner as follows:
“The legal description was prepared by __________ (name) __________ (address) or obtained from a previously recorded instrument.”
Statement of full consideration (§ 11-18-02.2): Before a Grantee files the Quit Claim Deed with the Office of County Recorder, they must ensure that the face of the Deed bears either:
- A statement of the full consideration paid for the property that was conveyed, or
- A statement that makes known why the Grantee should be exempt from providing the statement, in line with the exemptions listed in Subsection 6 of § 11-18-02.2.
Signing requirements (§ 47-19-03, § 47-19-13, § 47-19-20): The Grantor must sign and acknowledge the North Dakota Quit Claim Deed. The acknowledgment may take place before an official, who must confirm that the Grantor is indeed the person who is described in and who executed the Quit Claim Deed. The official may be one (1) of the three (3) following individuals:
- A judge of the supreme court,
- The clerk of the supreme court, or
- A Notary Public.
The official must endorse or attach a certificate of acknowledgment to the Quit Claim Deed, which must be in a similar vein to that provided in § 47-19-27 (for individuals) or § 47-19-28 (for corporations) or § 47-19-29 (for attorneys-in-fact).
How to file a Quit Claim Deed in North Dakota (§ 47-19-07): Once a North Dakota Quit Claim Deed is ready for filing, it should be submitted to the “recorder of the county in which the real property affected thereby is situated” for recording. The fees charged by the Office of the County Recorder must be paid for the filing to take place.
§ 47-19-19 establishes North Dakota as a “race-notice recording statute” jurisdiction. The most notable implication of this statute is that the Deed must be recorded as it constitutes as “notice of the contents… to all persons.” If another party concludes that the property is free from all other claims because none are recorded, they are within their rights to establish and subsequently record a conveyance concerning that property. Upon doing so, their claim will be recognized in law over any unrecorded claims.
Recording the Deed as soon as possible entrenches its validity in law, and in turn stamps out the possibility that another party will beat them in recording their conveyance for the very same dwelling.