North Dakota § 28-01-09 - Acts constituting adverse possession based upon a written instrument
Full text of North Dakota North Dakota Century Code § 28-01-09 — Acts constituting adverse possession based upon a written instrument, with citation guidance and answers to common questions.
§ 28-01-09. Acts constituting adverse possession based upon a written instrument
For the purpose of constituting an adverse possession by any person claiming a title founded upon a written instrument or upon a judgment or decree, land must be deemed to have been so possessed and occupied in each of the following cases: 1. When it has been usually cultivated or improved; 2. When it has been protected by a substantial enclosure; 3. When, although not enclosed, it has been used for the supply of fuel or of fencing timber for the purposes of husbandry, or the ordinary use of the occupant; or 4. When a known farm or a single lot has been partly improved, the portion of such farm or lot that may have been left not cleared or not enclosed according to the usual course and custom of the adjoining country, must be deemed to have been occupied for the same length of time as the part improved and cultivated, but when the premises consist of two or more contiguous lots, the possession of one lot may not be deemed a possession of any other of such lots.
Source: official North Dakota text · Last verified 2026-08-27
Frequently Asked Questions About North Dakota § 28-01-09
What does North Dakota Century Code § 28-01-09 cover?
Section 28-01-09 ("Acts constituting adverse possession based upon a written instrument") is part of the North Dakota Century Code, the codified statutory law of North Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite North Dakota § 28-01-09?
A common citation format is "North Dakota Century Code § 28-01-09" (North Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of North Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the North Dakota official source linked on this page or consult a licensed North Dakota attorney.
How does North Dakota § 28-01-09 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in North Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in North Dakota.