N.D. Cent. Code » Title 47 · Chapter 47-16
North Dakota Century Code

N.D. Cent. Code § 47-16-01 (2026)

Leasing of real property - Definition

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Leasing is a contract by which one gives to another the temporary possession and use of real property for reward and the latter agrees to return such possession to the former at a future time.

Notes of Decisions
Cited in 5 cases, 1977–2019 · leading case: Diocese of Bismarck Trust v. Ramada, Inc., 553 N.W.2d 760 (N.D. 1996).
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Diocese of Bismarck Trust v. Ramada, Inc., 553 N.W.2d 760 (N.D. 1996). · cites it 4× “[4] Under N.D.C.C. § 47-16-01, a real property lease is "a contract by which one gives to another the temporary possession and use of real property for reward and the latter agrees to return such possession to the former at a future time.”
Twogood v. Wentz, 2001 ND 167, 634 N.W.2d 514. · cites it 4× “” N.D.C.C. § 47-16-01. Neither party to this appeal has alleged a valid lease did not exist between Wentz and the landlords.”
Lee v. North Dakota Park Serv., 262 N.W.2d 467 (N.D. 1977). “” A definition of “leasing” as found in § 47-16-01, North Dakota Century Code is as follows: “Leasing is a contract by which one gives to another the temporary possession and use of real property for reward and the latter agrees to return such possession to the former at a…”
Prairie View Nursing Home v. North Dakota Dep't of Human Servs., 1999 ND 142, 598 N.W.2d 116. · cites it 2× “Prairieview argues the parties clearly intended a conditional sale and not a true lease, because the duration and amount of payments under the lease and under the SBA loan were similar and the purchase price under the option was “nominal.”
Skaw ND Precast, LLC v. Oil Capital Ready Mix, LLC, 2019 ND 296. · cites it 2× “[¶11] Section 47-16-01, N.D.C.C., defines “[l]easing” as “a contract by which one gives to another the temporary possession and use of real property for reward and the latter agrees to return such possession to the former at a future time.”
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