North Dakota Code 35-03-09 – Defeasance must be recorded – Effect of failure to record
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When a grant of real property purports to be an absolute conveyance but is intended to be defeasible on the performance of certain conditions, the grant is not defeated or affected as against subsequent purchasers or encumbrancers in good faith and for value, unless an instrument of defeasance duly executed and acknowledged is recorded in the office of the recorder of the county where the property is situated.
Terms Used In North Dakota Code 35-03-09
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.