North Dakota Century Code
N.D. Cent. Code § 32-17-01 (2026)
Action to determine adverse claims
✓ current as of May 2026
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An action may be maintained by any person having an estate or an interest in, or lien or encumbrance upon, real property, whether in or out of possession thereof and whether such property is vacant or unoccupied, against any person claiming an estate or interest in, or lien or encumbrance upon, the same, for the purpose of determining such adverse estate, interest, lien, or encumbrance.
Notes of Decisions
Cited in 13
cases (5 in the last 5 years), 1978–2024 · leading case: Nelson v. McAlester Fuel Co., 2017 ND 49, 891 N.W.2d 126.
Nelson v. McAlester Fuel Co., 2017 ND 49, 891 N.W.2d 126. “[¶ 9] Considering an earlier statute that governed quiet title actions and had the same personal interest requirement as N.D.C.C. § 32-17-01, this Court stated: If the defendant defaults and fails to appeal' or answer it is still incumbent upon the plaintiff to prove that he has…”
John Finstad v. Beresford Bancorporation, Inc., 831 F.3d 1009 (8th Cir. 2016). “158 (citing N.D. Cent. Code §§32-17-01 , 32-23-02). Accordingly, the court dismissed the Finstads’ complaint “with prejudice and on the merits.”
Sorenson v. Bakken Investments, LLC, 2017 ND 127, 895 N.W.2d 302. “However, this is a quiet title action and N.D.C.C. § 32-17-01 provides in part: An action may be maintained by any person having an estate or an interest in, or lien or encumbrance upon, real property, .”
Schmidt v. Hageness, 2022 ND 179. “N.D.C.C. § 32-17-01 (“An action may be maintained by any person having an estate or an interest in, or lien or encumbrance upon, real property[.”
Finstad v. Gord, 2014 ND 72, 844 N.W.2d 913. “for the purpose of determining such adverse estate, interest, lien, or encumbrance.” Because we have already concluded the Gords are owners of the land, we hold the district court did not err in deciding that the Finstads do not have any interest in the property and therefore do…”
Dennison v. North Dakota Dep't of Human Servs., 2002 ND 39, 640 N.W.2d 447. “Section 32-17-01, N.D.C.C., authorizes a person with an interest in real property to bring a quiet title action against any other person claiming an interest in the property to determine adverse claims.”
Sabot v. Fox, 272 N.W.2d 280 (N.D. 1978). “Section 32-17-01, NDCC. It is not an “action upon a contract” referred to in § 28-01-15(2), NDCC.”
Nelson, et al. v. Lindvig, et al., 2024 ND 208. “The applicable law provides: “An action may be maintained by any person having an estate or an interest in, or lien or encumbrance upon, real property, whether in or out of possession thereof and whether such property is vacant or unoccupied, against any person claiming an…”
MacQuarie Bank Ltd. v. Knickel, 723 F. Supp. 2d 1161 (D.N.D. 2010). “Section 32-17-01 of the North Dakota Century Code authorizes a party with an interest in real property to bring a quiet title action against another party claiming an interest in the property to determine adverse claims.”
Nelson, et al. v. Lindvig, et al., 2024 ND 208. “The applicable law provides: “An action may be maintained by any person having an estate or an interest in, or lien or encumbrance upon, real property, whether in or out of possession thereof and whether such property is vacant or unoccupied, against any person claiming an…”
Struksnes v. Kevin's Plumbing & Heating, Inc., 1997 ND 245, 572 N.W.2d 815. “VI, § 8, and N.D.C.C. § 32-17-01. The appeal was timely under N.”
Schmidt v. Hageness, 2022 ND 180. “§§ 47-10-01 and 47-10-05; therefore, she did not have a valid property interest and could not bring a quiet title action under N.D.C.C. § 32-17-01. For the reasons in Schmidt I, we summarily affirm here under N.”
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