N.D. Cent. Code » Chapter t47c01
North Dakota Century Code

N.D. Cent. Code § 47-01-16 (2026)

Road or street - Boundary of ownership

✓ current as of May 2026
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An owner of land bounded by a road or street is presumed to own to the center of the way, but the contrary may be shown.

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47-01-17. Tree occupying lands of adjacent owner - Ownership determined from trunk. Trees whose trunks stand wholly upon the land of one owner belong exclusively to that owner although their roots grow into the land of another. Trees whose trunks stand partly on the land of two or more coterminous owners belong to them in common.

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Notes of Decisions
Cited in 6 cases, 1967–2019 · leading case: Nationwide Mut. Ins. Companies v. Lagodinski, 2004 ND 147 (N.D. 2004).
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Nationwide Mut. Ins. Companies v. Lagodinski, 2004 ND 147 (N.D. 2004). · cites it 8× “Such reconveyance shall be subject to any existing contracts or agreements covering such property, and all rights and benefits thereof shall accrue to the grantee.”
Saltsman v. Sharp, 2011 ND 172 (N.D. 2011). · cites it 4× “Hasche argued he did not own and had no control over the public sidewalk Saltsman was traveling on, and Saltsman argued under N.D.C.C. § 47-01-16, Hasche owned the land encompassing the sidewalk.”
State Ex Rel. Sprynczynatyk v. Mills, 523 N.W.2d 537 (N.D. 1994). · cites it 4× “See N.D.C.C. § 47-01-16. The territorial Legislature thus specified that a landowner presumptively owns to the center of an adjoining road or street, whereas, a riparian landowner takes to the low watermark.”
Larson v. Tonneson, 2019 ND 230 (N.D. 2019). · cites it 2× “Boundaries § 35); see also N.D.C.C. § 47-01-16 (“An owner of land bounded by a road or street is presumed to own to the center of the way, but the contrary may be shown.”
City of Fargo v. Fahrlander, 199 N.W.2d 30 (N.D. 1972). · cites it 3× “We therefore conclude that eminent domain proceedings are necessary to compensate the abutting property owners for the taking of light, air, access, and view.”
Frandsen v. Mayer, 155 N.W.2d 294 (N.D. 1967). · cites it 2× “North Dakota Century Code § 47-01-16. In support of their contention the plaintiffs introduced in evidence an uncertified engineer's sketch of a plat of the area entitled "A Portion of Auditor's Plat No.”
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