How to Access Property Records in North Dakota

What Information Can You Find in North Dakota Property Records?

A property history search can reveal a lot of interesting information about a property or its owners. It's best to obtain all the records you can to understand the whole picture. Property records come in handy in many situations.

Some of the things that a property history search may reveal include:

Deeds and Conveyance Records

Deeds are among the most common types of property records. They transfer property ownership and verify title, which is essential to the real estate process. Each county recorder records, files, and maintains deeds.

All parties must sign deeds, and a notary must witness them. Some of the information contained in deeds includes:

• Name of the Seller/Grantor and Buyer/Grantee.
• A detailed description of the property.
• Maps and plats along with boundaries and sometimes surveys showing the acreage and edges of the property.
• Conveyance language explaining the ownership transfer from one person or entity to another.
• Notarization and execution are at the bottom, where everyone signs to make it legal.

Much of the language contained in deeds refers to the warranty implied or specified and the conveyance of the land from one or more parties to another.

Property Tax Records

Property taxes are an essential funding source for local government. They pay for schools, road maintenance, government salaries, and emergency services. The local county tax assessor sets tax rates, and the treasurer collects payments.

North Dakota has a 0.97 percent effective property tax rate. However, tax rates do vary by county. The state has one of the lowest property tax rates in the country.

North Dakota Property tax records include the following information:

• Tax Rate - The tax record will include the property's tax rate as each property falls under a different taxing jurisdiction.
• Tax Amount - The record will outline the amount of taxes owed. Usually, it comes after a breakdown of the tax calculations.
• Property Valuations - The document will show the property's value as determined by the local assessor. The value is the basis for calculating property taxes.
• Payment Method - The document may include the approved payment methods for contributing to taxes and the payments made so far.
• Exemptions - The document may outline any exemptions the property falls under.

Building Permits and Regulations in North Dakota

County officials handle building permits for individual homeowners and contractors. Before building or renovating, you must apply for a building permit. You can apply for one by contacting the local tax equalization office.

Property Liens and Encumbrances in North Dakota

Encumbrances like liens can tarnish a property and its owner's reputation. Too many liens indicate a serious financial issue. Liens also lower the property value, which can make it harder to sell. Liens appear readily in property records for anyone to see. There are two main types: voluntary and involuntary.

Voluntary Liens

Voluntary liens are those over which you have control. You can choose to use your home as collateral to secure a loan. In return, you allow the lender to place a lien on the home until it is paid off. Even voluntary liens can lead to foreclosure and the loss of your home.

• Mortgage Liens - Anyone who borrows money to buy a house will have a mortgage. In return for lending the homeowner the money, the lender will put a lien on the property to secure the loan. The lien will remain on the property until the loan is paid off.

  A mortgage document in North Dakota typically includes the following information:

  • Loan Terms - The mortgage outlines the loan's terms, such as the principal amount, interest rate, repayment schedule, and any applicable fees or penalties.
  • Terms and Conditions - The section specifies the borrower's and lender's rights and obligations, including provisions relating to default, foreclosure, and the borrower's responsibilities for property maintenance and insurance.
  • Those Involved - The mortgage designates the borrower (mortgagor) and the lender (mortgagee). Their contact information and names are supplied.
  • Property Description - The mortgage includes a complete description of the mortgaged property, its legal description, borders, and reference points.

Involuntary Liens

You don't have any control over involuntary liens. When you owe money to someone, they can put a lien on your property to get it paid. Eventually, they will foreclose and sell your property to get their money.

• Mechanic's Liens - People like contractors, material suppliers, landscapers, architects, and others can put a lien on your property if you fail to pay them for work they completed. They must then sue you in court to enforce the lien. If they win, they can foreclose and sell your home.
• Tax Liens - When you don't pay your annual property taxes, the county tax officials can impose a lien on your property. These types of liens almost always lead to foreclosure and the sale of your house at auction. The price will be far less than fair market value.
• Judgment Liens - Creditors can use judgment liens the same way contractors use mechanic's liens. They will take you to court, and if the judge rules in their favor, they will foreclose and sell your home to get their money.

The Process of Property Liens in North Dakota

The process of property liens in North Dakota differs depending on the lien type. The following is the process of mechanics or construction lines in North Dakota:

• North Dakota requires contractors and similar practitioners to send a Notice of Intent at least ten days before the filing date. The lien should go to the property owner for the fullest lien protection. Experts also advise sending the lien up to 80 days after the last day of work.
• Next, the claimant must prepare a North Dakota lien form with the correct information for filing. North Dakota law explicitly requires four key pieces of information in the form. However, providing more information helps the cause. Therefore, claimants should include their name, address, and company name. They should also include a description of the labor or materials, a description of the property (full and legal is best), the lien amount, dates of labor or supply, hiring party information, and signatures.
• The third step is filing the lien at the County Recorder's Office. The deadline is 90 days after the last day of work or supply. Individuals may file the document by mail, in person, or electronically, depending on the county. The offices are strict about recording fees, so claimants should contact the office beforehand to determine the correct amount.
• Once the lien is filed, the claimant may enforce it for three years or release it if the owner makes the payments in time. Enforcing the lien claim is a full lawsuit, so claimants should do so with the help of an attorney.

Easements and Covenants

Easements and covenants often accompany deeds offering additional information about the property and enforcing restrictions. Easements are rights of way that allow someone (not the owner) to access the land for a specific purpose. For example, if a town quarry was located on private land, the town could access it to mine for minerals without asking the owner. Any new owner must abide by these rules.

Covenants are strict rules that dictate how you can use the property. You have probably seen these with condos or gated communities. An example might be a rule about how many holiday decorations you could put on the outside of your home.

Plats and Surveys

Plats and surveys are both maps but slightly different. Surveys show the map coordinates and boundaries of the property. Plats, on the other hand, also show the boundaries of all neighboring properties.

The exact information in the surveys differs, but some of the general information in such documents includes the following:

• Legal Description - The survey will thoroughly describe the property, including its boundaries, measurements, and reference points. This description is critical for correctly identifying and locating the property.
• Boundary Lines - The survey will show the property's boundary lines, including the corners and markers that define its limits. These lines help determine the property's size and relationship to neighboring properties.
• Easements and Encroachments - The survey will identify any easements or encroachments on the land. Easements are permissions granted to others to use a particular portion of the land, such as access or utilities. Encroachments are structures or improvements that extend beyond the property's borders or onto neighboring properties.
• Topography - The survey may include contours and elevation data to show the property's topography. This data assists in comprehending the terrain and any potential grading or drainage difficulties.
• Physical Features - The survey may include information on physical features on or near the property, such as buildings, fences, roads, bodies of water, and natural landmarks. These elements contribute to a visual picture of the property's surroundings.

Property Descriptions and Boundaries in North Dakota

Did you know that every piece of real property has a legal property description? In North Dakota, these descriptions mention landmarks and other items to make it easy to find. They also include map coordinates to mark the exact location.

Surveys measure land to determine exact boundaries and map coordinates. They use specialized equipment (you have probably seen it before) and are used before building a new structure, installing underground utilities, and in boundary disputes.

Boundary disputes are common. They occur when one party believes that another is trespassing on their land and overstepping boundaries. These issues can get heated and end up in court, where a judge must decide. The courts rely on expert surveyors to help determine the property boundaries and settle the matter.

Foreclosures

Foreclosures appear in property records for all to see. A house in foreclosure will be less attractive to most buyers and valued lower. Any liens must be satisfied before anyone can buy it.

Pre-foreclosures are homes that are in foreclosure but haven't yet been sold at auction. Investors seek out these homes to offer the owner money to pay off their debts. Then, the investor sells the house at a higher price for profit.