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Adverse Possession Laws in North Dakota

In North Dakota, an owner's action to recover land is barred after 20 years of adverse possession, and title can vest after 10 years of possession under a title when the occupant also paid all taxes and assessments.

Last checked . General information, not legal advice.

North Dakota at a glance

Standard period
20 years
With color of title
10 years (with taxes paid)
Requires actual, open, adverse possession under a title for 10 years plus payment of all taxes and assessments. A contract for deed counts as color of title.
Property taxes required
Only for the 10-year route
Tax payment is required for the 10-year rule in N.D.C.C. 47-06-03, not for the 20-year limitation.

Sources

Last checked

The rules in North Dakota

How many years of possession are required for adverse possession in North Dakota?

Standard period in North Dakota: 20 years.

Is the adverse possession period shorter with color of title in North Dakota?

With color of title in North Dakota: 10 years (with taxes paid). Requires actual, open, adverse possession under a title for 10 years plus payment of all taxes and assessments. A contract for deed counts as color of title.

Does the occupant have to pay property taxes to claim adverse possession in North Dakota?

Only for the 10-year route. Property taxes required in North Dakota: only for the 10-year route. Tax payment is required for the 10-year rule in N.D.C.C. 47-06-03, not for the 20-year limitation.

Where do the North Dakota adverse possession laws come from?

The rules above come from N.D. Cent. Code 28-01-04, N.D. Cent. Code 28-01-08 and N.D. Cent. Code 47-06-03. Each source is linked on this page. We last checked them in October 2026.

Good to know

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

What this means in practice

Courts usually require possession that is actual, open, continuous, exclusive and hostile (without the owner's permission) for the full statutory period. The person claiming the land generally has to prove each element, and courts read these requirements strictly.

Owners can protect themselves by inspecting vacant or rural land regularly, keeping boundary lines marked, and responding quickly to fences, buildings or other uses that cross the line. Written permission, such as a simple license or lease, can make a neighbor's use permissive instead of hostile.

Adverse possession does not usually transfer title automatically. The occupant often needs a court judgment, such as in a quiet title action, before the new ownership can be recorded. Boundary disputes between neighbors are often settled with a survey and a recorded deed instead of a lawsuit.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.