N.D. Cent. Code » Title 28 · Chapter 28-01
North Dakota Century Code

N.D. Cent. Code § 28-01-07 (2026)

Presumption against adverse possession of real estate

✓ current as of May 2026
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In every action for the recovery of real property or for the possession thereof, the person establishing a legal title to the premises must be presumed to have been possessed thereof within the time required by law, and the occupation of such premises by any other person must be deemed to have been under and in subordination to the legal title, unless it appears that such premises have been held and possessed adversely to such legal title for twenty years before the commencement of such action.

Notes of Decisions
Cited in 20 cases (11 in the last 5 years), 1966–2025 · leading case: Roth v. Meyer, 2025 ND 116, 23 N.W.3d 131.
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Roth v. Meyer, 2025 ND 116, 23 N.W.3d 131. · cites it 8× “For the continuous element, N.D.C.C. § 28-01-07 provides a presumption against the adverse possession of real property unless it appears that such premises have been held and possessed adversely to such legal title for twenty years before the commencement of such action.”
Gimbel v. Magrum, 2020 ND 181, 947 N.W.2d 891. · cites it 2× “§ 28-01-07 provides a presumption against the adverse possession of real property ‘unless it appears that such premises have been held and possessed adversely to such legal title for twenty years before the commencement of such action.’ Section 28-01-10, N.”
Gruebele v. Geringer, 2002 ND 38, 640 N.W.2d 454. · cites it 6× “There exists a statutory presumption of possession by the record titleholder under N.D.C.C. § 28-01-07, which provides: 28-01-07.”
Larson v. Tonneson, 2019 ND 230, 933 N.W.2d 84. · cites it 2× “, states: “When there has been an actual continued occupation of premises under a claim of title exclusive of any other right, but not founded upon a written instrument or upon a judgment or decree, the premises actually occupied and no other must be deemed to have been held…”
Roth v. Meyer, 2024 ND 113, 9 N.W.3d 469. · cites it 4× “For the continuous element, “N.D.C.C. § 28-01-07 provides a presumption against the adverse possession of real property ‘unless it appears that such premises have been held and possessed adversely to such legal title for twenty years before the commencement of such action.”
Hovet v. Dahl, 2024 ND 129, 9 N.W.3d 699. · cites it 4× “The statutory period to adversely possess the area occupied by the stone markers has not passed, and thus the Hovets’ installation of the markers cannot be the basis to extend the adverse possession further into the disputed lands.”
Brooks v. Bogart, 231 N.W.2d 746 (N.D. 1975). · cites it 8× “POSSESSION AS ADVERSE The plaintiff, Brooks, claims that he acquired prescriptive title to the property in question by adverse possession thereof pursuant to Section 28-01-07, N.D.C.C., which provides as follows: “In every action for the recovery of real property or for the…”
Woodland v. Woodland, 147 N.W.2d 590 (N.D. 1966). · cites it 2× “Section 28-01-07, N.D.C.C., provides a presumption against adverse possession.”
Lindvig v. Lindvig, 385 N.W.2d 466 (N.D. 1986). · cites it 2× “We concluded that when a claimant fails to meet his burden of proving adverse possession, the presumption of possession embodied in Section 28-01-07, N.D.C.C., applies to satisfy the requirements of Section 28-01-04, N.”
Heggen v. Marentette, 144 N.W.2d 218 (N.D. 1966). · cites it 4× “That the Defendants have not been seized or possessed of the real property described in the Complaint and Defendant's Counterclaim nor occupied said property at any time and are bound by the provisions of Section 28-01-04 and Section 28-01-07 North Dakota Century Code.”
Nelson v. Christianson, 343 N.W.2d 375 (N.D. 1984). · cites it 2× “The nature of Loyd’s possession determines whether or not it ripened into title under North Dakota statutes. See §§ 47-06-03, 28-01-04, 28-01-05, 28-01-06, and 28-01-07, NDCC.”
Martin v. Rippel, 152 N.W.2d 332 (N.D. 1967). · cites it 2× “Furthermore, as the legal title-holders of such land, the former riparian landowners would be presumed to be the owners thereof, pursuant to the provisions of Section 28-01-07 of the North Dakota Century Code, which reads as follows: “28-01-07.”
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