North Dakota Century Code
N.D. Cent. Code § 47-01-05 (2026)
Fixtures defined
✓ current as of May 2026
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A thing is deemed to be affixed to land when it is attached to it by roots, as in the case of trees, vines, or shrubs, or imbedded in it, as in the case of walls, or permanently resting upon it, as in the case of buildings, or permanently attached to what is thus permanent, as by means of cement, plaster, nails, bolts, or screws.
\nNotes of Decisions
Cited in 14
cases (1 in the last 5 years), 1964–2021 · leading case: Bellemare v. Gateway Builders, Inc., 420 N.W.2d 733 (N.D. 1988).
Bellemare v. Gateway Builders, Inc., 420 N.W.2d 733 (N.D. 1988). “" Section 47-01-05, N.D.C.C., provides: "47-01-05.”
Grinnell Mut. Reinsurance Co. v. Lynne, 2004 ND 166 (N.D. 2004). “[¶ 36] In North Dakota, whether an item is a fixture or personal property is defined by statute: A thing is deemed to be affixed to land when it is attached to it by roots, as in the case of trees, vines, or shrubs, or imbedded in it, as in the case of walls, or permanently…”
Leno v. K & L Homes, Inc., 2011 ND 171 (N.D. 2011). “A products liability action is “any action brought against a manufacturer or seller of a product, regardless of the substantive legal theory or theories upon which the action is brought, for or on account of personal injury, death, or property damage caused by or resulting from…”
Burlington N. R. Co., Inc. v. Scheid, 398 N.W.2d 114 (N.D. 1986). “Section 47-01-05, N.D.C.C., defines “real property” to include fixtures and appurtenances.”
Lundgren v. Mohagen, 426 N.W.2d 563 (N.D. 1988). “” They assert that pursuant to Section 47-01-05, N.D. C.C., 1 the intention of the parties is not dispositive of whether something is a fixture to real estate.”
Hartman v. Grager, 2021 ND 160 (N.D. 2021). “15 [¶41] The law presumes the sale of real property includes fixtures, as defined under N.D.C.C. § 47-01-05, unless the parties contract otherwise.”
Pfeifle v. Tanabe, 2000 ND 219 (N.D. 2000). “” N.D.C.C. § 47-01-05. Tenants may remove fixtures under the provisions of N.”
Scottsdale Ins. v. Tri-State Ins. Co. of Minnesota, 302 F. Supp. 2d 1100 (D.N.D. 2004). “N.D. Cent.Code § 47-01-05 (defining the term “fixture”); see Woolridge v.”
Schatz v. Schatz, 419 N.W.2d 903 (N.D. 1988). “” NDCC § 47-01-05. “Real or immovable property shall consist of: 1.”
Marsh v. Binstock, 462 N.W.2d 172 (N.D. 1990). ““Fixture” is defined in Section 47-01-05, N.D.C.C.: “A thing is deemed to be affixed to land when it is attached to it by roots, as in the case of trees, vines, or shrubs, or imbedded in it, as in the case of walls, or permanently resting upon it, as in the case of buildings, or…”
Gripentrog v. City of Wahpeton, 126 N.W.2d 230 (N.D. 1964). “*235 “Fixtures” are defined by Section 47-01-05, North Dakota Century Code, as: “A thing is deemed to be affixed to land when it is attached to it by roots, as in the case of trees, vines, or shrubs, or imbedded in it, as in the case of walls, or permanently resting upon it, as…”
Strobel v. Nw. G. F. Mut. Ins. Co., 152 N.W.2d 794 (N.D. 1967). “Section 47-01-05, N.D.C.C. Under this statute, we have held that buildings resting permanently upon the land are real property, under the provisions of the above statute providing “A thing is deemed to be affixed to land when it is * * * permanently resting upon it, as in the…”
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