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North Dakota Property Records

Property Records in North Dakota

North Dakota is made up of 39,1 million acres of land, and nearly 90% of the land is farmland. North Dakota produces more wheat and honey than any other state in the country. The state also has more wildlife refuges than any other state and is a great place for birdwatchers or nature lovers. Lake Sakakawea has more coastline than the entire California Pacific Coast. North Dakota boasts the world's largest Holstein cow and buffalo statues. A few famous movies were shot in North Dakota, and some winter scenes for the popular film Fargo. North Dakota has 779,261 residents and 377,649 homes, meaning the state produces many property records each year.

Property records help sustain the realty industry and other property-related industries. They are created by local government, state government, the courts, attorneys, realtors, appraisers, and others who work with property.

What Are Property Records in North Dakota?

North Dakota property records are official (sometimes legal) documents that contain vast information about real property and its owners. These documents, forms, and reports tell the story of the property, going back to its origins. Some records have a lot of detail, and others are sparser. Some also tend to overlap.

Property History Search Can Include

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:

  • Property Address
  • Detailed Legal Property Description
  • Current Owner's Name and Address
  • Historical Owners
  • Property Inspections
  • Appraisals / Property Value
  • Deeds
  • Liens
  • Tax Records
  • Mortgage Records
  • Bankruptcies
  • Foreclosures
  • Plat Maps
  • Surveys
  • Easements / Conveyances
  • Property Details
  • Lot Size
  • Zoning
  • Boundary Lines

Sources of Property Records in North Dakota

It would be wonderful if all property records were held in the same place, but they are not. In North Dakota, property records are spread among a few government offices, the courts, and private companies.

For example, you must contact the local county recorder if you need to file a new deed in North Dakota. They are responsible for recording, filing, and maintaining records and must provide them to anyone who asks. The county recorder in Cass County is Deborah A. Moeller.

Property taxes in North Carolina involve three entities. The local county tax assessor sets tax rates for each homeowner. The local treasury collects the taxes and sends out bills. The North Dakota Office of State Tax Commissioner oversees local tax officials.

Building permits are also handled at the county level. If you want to build a new house, renovate your existing one, or demolish a building, you will need a building permit first. You can apply for one with the tax equalization office in the county where the property is. If you live in Ward County, they have more information about building permits on their website.

How are Land Records Different from Property Records?

North Dakota uses the terms property records and land records synonymously. Therefore, they do not have any public resources that specify land records as something different than property records. You can use the local recorder's office to find what you need.

The Role of the County Recorder

The Role of the County Recorder

The county recorder's role in North Dakota is essential. These officials record, file, and maintain property records and other documents. They are responsible for patents, deeds, mortgages, bills of sale, security agreements, judgments, decrees, liens, and certificates of sale. They also provide copies of public records to anyone who requests them.

How Property Records are Maintained in North Dakota

Each county recorder has its own system of recording, filing, and maintaining records. However, whenever a new document arrives in the office, the recorder stamps it with the date, time, and a unique identifier to make it easy to retrieve later.

Accessing Records at the County Recorder in North Dakota

Part of the recorder's responsibility includes publicizing and providing access to each property record. The office has regular business hours during which the public can visit and request records. Some counties also offer access to records through their website. To make things easy, here are a few of the county websites.

County Recorder Locations in North Dakota

When looking for property records, you must search the county where the property resides. To find the proper county location, you can use the map provided by the North Dakota Recorders Information Network.

Types of Property Records

You will encounter many different types of property records that can fill in many blanks. It's best to get them all so you don't miss anything. The most common types of property records in North Dakota are as follows:

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.

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 of contributing to taxes. It may also include the payments made so far.
  • Exemptions - The document may outline any exemptions the property falls under.

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. The description is critical for identifying and locating the property correctly.
  • Boundary Lines - The survey will show the property's boundary lines, including the corners and markers that define the property's limits. These lines aid in determining the size of the property and its relationship to neighboring properties.
  • Easements and Encroachments - The survey will identify any easements or encroachments on the land. Easements are permissions provided to others to use a certain portion of the land, such as access or utilities. Encroachments are structures or improvements extending 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 - Information on physical features on or near the property, such as buildings, fences, roads, bodies of water, and natural landmarks, may be included in the survey. These elements contribute to a visual picture of the property's surroundings.

Historical Property Records

When property records accumulate in unwieldy quantities, states like North Dakota move older records to an archive repository to make room for newer ones. The State Historical Society of North Dakota is the party responsible for all historical land and property records.

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.

How Can I Search for Property Records?

How Can I Search for Property Records?

There are many reasons why you need to search for property records. You have many options when performing a property history search. Try each of the methods below to see what works for you.

Online Property Record Search

Start with a generic online property record search. Type the full property address into a browser search bar and see what results appear. You can then refine your search to find more records.

In-Person Property Record Search

Visit any of the local county recorder's offices and ask to see records. You can also pay a small fee to get certified copies. You must visit during regular business hours. Some counties have their records online accessible via their website.

Using Property Record Indexes

You can also try using one of the many property record indexes online. They typically have realty information and some other details, but the information could be outdated or incorrect.

Utilizing Commercial Services

The best option is to use a professional property records service like PropertyChecker, where you can run unlimited searches and find millions of nationwide property records all in one place, saving time and money.

How to Search Property Records by Address

Searching by the property address will yield the best results. Enter the full property address, including city, state, and zip code, into a search engine and review the results.

How to Search Property Records by Name

Although you can sometimes search using the owner's name, it's not the best method. Since many names are identical, you may have to wade through a lot of records to find what you need.

Understanding Property Ownership in North Dakota

North Dakota has a lot to offer, including stunning views and unique geography. Owning a home in North Dakota is something to be proud of. But it does come with some responsibilities, like maintaining your home to keep the value up and paying your mortgage and taxes on time.

Identifying Property Owners

You need to find out who owns a property in dozens of situations. You can find out easily by contacting the local recorder's office in the county where the property is and asking to see the most current deed. That will show you who owns it and when they bought it.

Chain of Title

The chain of title is the complete list of everyone who has ever owned a property (since the first owner). It is documented through deeds with the county recorder. The chain remains unbroken. Someone always owned the property.

Ownership History and Transfers

Property changes owners most often through real estate sales, but there are other situations. Parents frequently gift property to children in their wills or before death. Some homeowners sign the deed to their home over to a company to pay off a debt.

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 and Land Measurements

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 and Resolutions

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.

Liens, Encumbrances, and Property Records 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:

Mortgage Liens
  • 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 - A full description of the property being mortgaged is included in the mortgage, including its legal description, borders, and any 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.

Mechanic's Liens

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.

Tax Liens

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.

Judgment Liens

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 no more than 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 specifically 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. In addition, they should 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 filing deadline is at most 90 days after the last day of work or supply. Individuals may file the document by mail, in person, and by electronic recording, depending on the county. The offices are strict on 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.

Property Records and Real Estate Transactions in North Dakota

Property Records and Real Estate Transactions in North Dakota

Real estate transactions are when property records become invaluable. Before the sale, many of the participants use property records to gather information. Things like the value, taxes, insurance, building permits, liens, and foreclosures will help the buyer make a decision. More records will be created during the process, and older ones will be replaced.

Buying Property: Due Diligence

Before buying North Dakota property, buyers should investigate all they can to learn as much as possible. Check out things like taxes, the value, and other items to make a better decision.

Selling Property: Providing Disclosure

When selling property, owners must disclose to potential buyers any material defects, such as whether the house has ever had lead paint or asbestos. You can use property records to find out.

Title Searches and Insurance

When you borrow money to buy a property, your lender will require that you purchase title insurance. The policy protects you and them in the event that someone claims to own the property after the sale. Your title company or attorney will perform a property title search before closing to head off issues like these.

Foreclosure and Property Records in North Dakota

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 in North Dakota

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.

When was the House Built?

If you want to know when a property was built, you can easily find out by contacting the local county recorder's office and asking to see the first-ever building permit. You will see when it was built and who owned it.

Property Records and Property Values

One essential piece of information in property records is the value. These values appear in appraisals, mortgages, sales documents, insurance binders, and other documents. Property values can change rapidly due to inflation, the local real estate market, and the economy. The median home price in North Dakota is $282,300, which is relatively low compared with other states.

Assessments and Appraisals

Tax officials and appraisers use special formulas and processes to derive the value of a piece of property for a specific purpose. Local tax assessors calculate tax rates based on the assessed values of every property in the jurisdiction. These values do not always match fair market value (FMV) because the FMV fluctuates so often.

Licensed appraisers use one of several methods to calculate a property's value for mortgages and estate planning. They aim for a fair market value (what the property would sell for in the current market).

Factors that Determine Property Values in North Dakota

The following factors may explain higher property rates in some parts of North Dakota:

  • Agricultural Industry - North Dakota has a large agricultural sector, and the property's value can be influenced by characteristics such as soil quality, productivity, access to water, and accessibility to markets. For example, the Red River Valley region may command higher prices as it is known for fertile lands.
  • Energy Industry - North Dakota's energy industry, notably oil and gas production, considerably impacts property values in areas such as the Newburg and South Westhope oil fields. They could be higher due to accessibility to energy infrastructure, job availability, and industry-related economic growth.
  • Infrastructure and Facilities - The availability and quality of infrastructure can impact property values. Property value appreciation can be influenced by proximity to transit, schools, healthcare facilities, recreational areas, and shopping complexes.
  • Location and Accessibility - Properties near major cities such as Fargo, Bismarck, and Minot may command a premium price.

Privacy and Property Records

Privacy and Property Records

Public records and privacy do not go hand in hand. Your name, address, and other information will appear in public records whenever you purchase property.

Accessing Public Property Records

Anyone has the right to access public property records. The digital age gives them even more options for finding records. Not only can you visit the local county recorder's office, but you can also try searching the county website and using other online methods.

Why are Property Records Public?

Property records are public for two essential reasons. First, it protects the public chain of title, showing every owner whoever bought the property (going back to the first one). Second, it prevents any local government office from controlling the people and having too much power. It's about transparency.

How Do I Protect My Personal Information in Property Records?

You cannot remove all your information from public records and keep real estate sales private. You can, however, contact any of the offices and public sources that have your records and ask them to remove anything beyond your name and address. It could help protect you from fraud and identity theft.

Maintaining and Amending Property Records

It's up to you to maintain and correct your own property records. If something in your life changes, the local government office will not automatically update your records. You have to contact them and initiate a change.

Correcting Errors on Property Records

Some property records have errors on them. If your records have issues, contact the local recorder's office, tax office, or building office and ask them to fix the problem. You will have to show documentation proving the error.

Amending Property Records for Legal Changes

You must also update property records when someone dies. To do this, bring the death certificate, the deceased person's will, and the beneficiary of the property to the recorder's office and ask them to draft a new deed. It will need to be signed, witnessed, and notarized.

How to Change the Name on Property Records in North Dakota

You will also want to change your property records if you get divorced or married. Contact each office that holds your records, especially the recorder's office (to change the deed to your home). Bring your divorce decree or marriage certificate and ask them to change your name.

What Should I Consider When Buying a Property Using Property Records?

There is so much to consider when buying property in North Dakota. You should perform a property history search looking for the value, taxes, insurance, recent sales, any liens, foreclosures, or building permits. These pieces of information can help you make a better decision. Use PropertyChecker to find all that and more in one easy-to-use tool featuring millions of nationwide property records.

North Dakota Property Records Search

North Dakota Property Records Search