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

N.D. Cent. Code § 28-01-11 (2026)

Acts constituting adverse possession not based upon a written instrument

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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For the purpose of constituting an adverse possession by a person claiming title not founded upon a written instrument nor upon a judgment or decree, land shall be deemed to have been possessed and occupied only in the following cases:

1. When it has been protected by a substantial enclosure; or

2. When it has been usually cultivated or improved.

Notes of Decisions
Cited in 13 cases (7 in the last 5 years), 1966–2025 · leading case: Larson v. Tonneson, 2019 ND 230, 933 N.W.2d 84.
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Larson v. Tonneson, 2019 ND 230, 933 N.W.2d 84. · cites it 10× “[¶8] In a December 2017 opinion, the district court quieted title to the property in Larson, Schelling, and Helgeson, finding the plaintiffs had acquired the disputed property by adverse possession under N.D.C.C. § 28-01-11. On March 2, 2018, the court entered its findings of…”
Gimbel v. Magrum, 2020 ND 181, 947 N.W.2d 891. · cites it 2× “N.D.C.C. § 28-01-11 . . . provides: For the purpose of constituting an adverse possession by a person claiming title not founded upon a written instrument nor upon a judgment or decree, land shall be deemed to have been possessed and occupied only in the following cases: 1.”
Hovet v. Dahl, 2024 ND 129, 9 N.W.3d 699. · cites it 4× “Taralseth, 382 N.W.2d 649, 653 (N.D. 1986). Acts that provide unmistakably clear hostility are protecting the land by substantial enclosure or usually cultivating or improving the land.”
Woodland v. Woodland, 147 N.W.2d 590 (N.D. 1966). · cites it 2× “For the purpose of constituting adverse possession by a person claiming title not founded upon a written instrument, and none is claimed here, or upon a judgment or decree, we find there is none here as against these defendants, the land shall be deemed to have been possessed…”
Roth v. Meyer, 2025 ND 116, 23 N.W.3d 131. · cites it 2× “N.D.C.C. § 28-01-11. The parties did not supply evidence of a substantial enclosure surrounding the subject property.”
Martin v. Rippel, 152 N.W.2d 332 (N.D. 1967). · cites it 2× “The evidence indicates that this fence was heavily damaged by spring floods and that a major portion of the fence was destroyed by ice in 1943.”
Brooks v. Bogart, 231 N.W.2d 746 (N.D. 1975). · cites it 2× “” A relevant statute regarding the nature of the adverse possession required is Section 28-01-11, N.D.C.C., which provides as follows: “For the purpose of constituting an adverse possession by a person claiming title not founded upon a written instrument nor upon a judgment or…”
Hodny v. Hoyt, 243 N.W.2d 350 (N.D. 1976). “" As to adverse possession, § 28-01-11, NDCC, provides: "For the purpose of constituting an adverse possession by a person claiming title not founded upon a written instrument nor upon a judgment or decree, land shall be deemed to have been possessed and occupied only in the…”
Heiser, et al. v. Dahl, et al., 2024 ND 160, 10 N.W.3d 598. · cites it 4× “While the district court labeled its finding as a conclusion of law, it found: “The Heisers and their predecessors have constructed and maintained two buildings on the Subject Lands that meet the standard of ‘protected by a substantial enclosure’ or an ‘improvement’ as…”
Heiser v. Dahl, 2024 ND 160, 10 N.W.3d 598. · cites it 4× “While the district court labeled its finding as a conclusion of law, it found: “The Heisers and their predecessors have constructed and maintained two buildings on the Subject Lands that meet the standard of ‘protected by a substantial enclosure’ or an ‘improvement’ as…”
Roth v. Meyer, 2025 ND 116, 23 N.W.3d 131. · cites it 2× “N.D.C.C. § 28-01-11. The parties did not supply evidence of a substantial enclosure surrounding the subject property.”
Hovet v. Dahl, 2024 ND 129. · cites it 4× “Taralseth, 382 N.W.2d 649, 653 (N.D. 1986). Acts that provide unmistakably clear hostility are protecting the land by substantial enclosure or usually cultivating or improving the land.”
Show all 13 citing cases →
N.D. Cent. Code § 28-01-11(2): 1 case
Larson v. Tonneson, 2019 ND 230, 933 N.W.2d 84. “[¶8] In a December 2017 opinion, the district court quieted title to the property in Larson, Schelling, and Helgeson, finding the plaintiffs had acquired the disputed property by adverse possession under N.D.C.C. § 28-01-11. On March 2, 2018, the court entered its findings of…”
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