1. “Filing officer” includes a county recorder, the secretary of state, and any other government employee who is required in the course of the employee’s duties to file or record liens.

Terms Used In North Dakota Code 35-35-01

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • Property: includes property, real and personal. See North Dakota Code 1-01-49
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
  • Statute: A law passed by a legislature.

2.    “Nonconsensual common-law lien” means a document that purports to assert a lien against real or personal property of any person and:

a.    Is not expressly provided for by a specific state or federal statute; b.    Does not depend upon the consent of the owner of the property affected; and

c.    Is not an equitable or constructive lien imposed by a state or federal court of competent jurisdiction.