North Dakota Century Code

N.D. Cent. Code § 32-16-45 (2026)

Costs, fees, and disbursements

✓ current as of May 2026

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The costs of a partition, including reasonable counsel fees, expended by the plaintiff or any of the defendants, for the common benefit, fees of referees, and other disbursements, must be paid by the parties respectively entitled to share in the lands divided in proportion to their respective interests therein and may be included and specified in the judgment. In that case they shall be a lien on the several shares, and the judgment may be enforced by execution against such shares and against other property held by the respective parties. When, however, litigation arises between some of the parties only, the court may require the expense of such litigation to be paid by the parties thereto, or any of them.

Notes of Decisions

Cited in 4 cases, 1974–2020 · leading case: McKechnie v. Berg, 2003 ND 136 (N.D. 2003).

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McKechnie v. Berg, 2003 ND 136 (N.D. 2003). · cites it 2× “Under N.D.C.C. § 32-16-45, the “costs of a partition, including reasonable counsel fees, expended by the plaintiff or any of the defendants, for the common benefit, fees of referees, and other disbursements, must be paid by the parties respectively entitled to share in the lands…”

Rieger v. Ackerman, 2020 ND 49 (N.D. 2020). · cites it 6× “[¶20] The costs of a partition action are governed under N.D.C.C. § 32-16-45: The costs of a partition, including reasonable counsel fees, expended by the plaintiff or any of the defendants, for the common benefit, fees of referees, and other disbursements, must be paid by the…”

Schmidt v. Wittinger, 2004 ND 189 (N.D. 2004). · cites it 2× “” Under N.D.C.C. § 32-16-45, the cost of a partition, including reasonable attorney fees, must be paid by the parties in proportion to their respective interests in the property and may be included and speci *483 fied in the judgment.”

Tharaldson v. Unsatisfied Judgment Fund, 225 N.W.2d 39 (N.D. 1974). “An example is § 32-16-45, N.D.C.C., the pertinent part of which reads: “ * * * The costs of a partition, including reasonable counsel fees, * * * must be paid * * *” Other examples could be cited, but we shall not belabor the point.”

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