North Dakota Century Code

N.D. Cent. Code § 47-19-08 (2026)

When instrument is deemed recorded

✓ current as of May 2026

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An instrument is deemed to be recorded when, whether entitled to record or not, it is deposited with the proper officer for record, if such instrument is subsequently recorded.

Notes of Decisions

Cited in 5 cases, 1971–2014 · leading case: Estates of Vizenor & Vizenor v. Mesling, 2014 ND 143 (N.D. 2014).

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Estates of Vizenor & Vizenor v. Mesling, 2014 ND 143 (N.D. 2014). · cites it 2× “Under N.D.C.C. § 47-19-08, “[a]n instrument is deemed to be recorded when, whether entitled to record or not, it is deposited with the proper officer for record, if such instrument is subsequently recorded.”

Drewes v. Sec. State Bank of Wishek (In Re Nies), 183 B.R. 866 (Bankr. D.N.D. 1995). · cites it 3× “Similarly, § 47-19-08 of the North Dakota Century Code provides that “[a]n instrument is deemed to be recorded when, whether entitled to record or not, it is deposited with the proper officer for record, if such instrument is subsequently recorded.”

Hanson v. Zoller, 187 N.W.2d 47 (N.D. 1971). · cites it 2× “2d 497 , answered the argument that the mere depositing of an instrument with the register of deeds for recording would thereafter constitute notice to subsequent purchasers, by holding that Section 47-19-08 and Section 47-19-45, quoted earlier, must be construed together, and…”

Brakke v. Kensrud, 489 N.W.2d 594 (N.D. Ct. App. 1992). “See § 47-19-08, N.D.C.C. ["An instrument is deemed to be recorded when, whether entitled to record or not, it is deposited with the proper officer for record, if such instrument is subsequently recorded.”

Brakke v. Kensrud, 514 N.W.2d 691 (N.D. Ct. App. 1994). “See § 47-19-08, N.D.C.C. [‘An instrument is deemed to be recorded when, whether entitled to record or not, it is deposited with the proper officer for record, if such instrument is subsequently recorded.”

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