What is a Quitclaim Deed in North Dakota?
In North Dakota, a quitclaim deed is used to transfer property from an owner (“Grantor”) to a new owner (“Grantee”), without any promises or guarantees about the property’s title. Quitclaim deeds are a quick way to transfer property but they offer the lowest security among real estate deeds in North Dakota.
The most common use of quitclaim deeds is between parties with high levels of trust, such as family members or close friends.
What is the Difference Between a Quitclaim Deed and a Warranty Deed in North Dakota?
The main difference between quitclaim deeds and warranty deeds in North Dakota is that a quitclaim deed provides less security to the Grantee.
A warranty deed provides legal protection to the new owner because it confirms that the Grantor owns the property and has the right to make a transfer.
Warranty deeds are mostly used for real estate transactions in North Dakota. Quitclaim deeds, on the other hand, are used for transfers between family and friends.
How Do Quitclaim Deeds Work in North Dakota?
Laws surrounding quitclaim deeds are found in Chapter 47-10 of the North Dakota Century Code, titled Real Property Transfers.
A North Dakota quitclaim deed must state that the Grantor intends to “quitclaim” all his interest unto the Grantee. The term “grant” is not used in a North Dakota quitclaim deed as it implies warranty.
Once prepared, the quitclaim deed must be filed at the Recorder’s Office in the county where the property is located.
Can You Prepare Your Own Quitclaim Deed in North Dakota?
You can prepare your own quitclaim deed in North Dakota. A professional drafter is not legally required.
The name and address of the individual who prepared the deed, however, must be mentioned under “Prepared by.”
North Dakota Quitclaim Deed Requirements
For a quitclaim to be legally valid in North Dakota, the deed must follow certain state-specific rules.
Formatting Requirements
Formatting requirements for quitclaim deeds in North Dakota include:
- Paper size: must be between 8.5 x 11 (letter) and 8.5x 14 (legal).
- Font type: Calibri.
- Font size: minimum size 10-point type.
- Text color: must be dark and clearly reproducible.
- Single-side print only.
- Margins: leave a 3-inch margin on top of the first page for official use; all remaining pages and sides should be 1 inch.
Content Requirements
The remaining content requirements for quitclaim deeds in North Dakota include:
- The Grantor’s name and address.
- The Grantee’s name and address.
- The Grantee’s post office address.
- The Grantor’s marital status.
- Return name and address.
- The title “Quitclaim.”
- The property address.
- Property’s legal description.
- The property description must contain the proper descriptors, including metes and bounds such as section, township, and range, subdivision, each different tract, unit, or block.
- The name and address of the person who drafted the description must be included on the deed.
- Any map or plat must bear the signature and seal of the land surveyor who drafted it.
- If a secondary document is referenced, information such as the date registered, the book, the page, and registration numbers must be mentioned on the deed.
- Granting clause – a statement describing the transfer the parties have agreed to.
- Consideration clause -the value or amount of money exchanged.
Who Signs a Quitclaim Deed in North Dakota?
For a quitclaim deed to be legally valid in North Dakota, it must be signed by the Grantor. The Grantor’s signature must be acknowledged by a notary public or a subscribing witness.
If the Grantor is married and the property is registered as a homestead, both spouses must sign the quitclaim deed. Alternatively, a spousal waiver of homestead rights can be signed and attached.
How to File a Quitclaim Deed in North Dakota
Here’s how to file a quitclaim deed in North Dakota:
- Prepare the quitclaim deed with the required information.
- Full Consideration Statement – Exemption Status.
- The quitclaim deed must include a statement declaring that the transfer qualifies for an exempt status under North Dakota law.
- The statement, including the statutory reference, must be signed and dated by the Grantee.
- The wording may take the following form:
“I certify that the requirement for a report or statement of full consideration paid does not apply because this deed is for one of the transactions exempted by subdivision (h)of N.D.C.C. 11-18-02.2(6)”
- Auditor’s Transfer Stamp.
- The quitclaim deed must contain a certificate from the county auditor confirming that the property is compliant and up-to-date on tax payments.
- The certificate or stamp can be obtained from the Auditor’s Office in the county where the property is located.
- Once the quitclaim deed is executed, ensure the Grantor’s signature is acknowledged before a notary public or two witnesses before a Clerk.
- Finally, file the quitclaim deed at the Recorder’s Office in the county where the property is located.
How Much Does it Cost to File a Quitclaim Deed in North Dakota?
In North Dakota, the minimum charges for filing a quitclaim deed are as follows:
- Fee for the first 6 pages: $20.
- Fee for pages 7-25: $65.
- Fee per page for deeds over 25 pages: $3.
- Additional fee per section for deeds over 10 sections: $1.
What Taxes Are Owed on Quitclaim Deeds in North Dakota?
In North Dakota, property transfers, including transfers through quitclaim deeds, are not subject to real estate transfer taxes. However, annual property taxes may still apply.
Moreover, federal taxes such as Gift Tax and Capital Gains Tax may also be applicable.
How Long Does a Quitclaim Deed Take to be Recorded in North Dakota?
The time it takes to record a quitclaim deed in North Dakota varies based on the county, however, most offices typically process the deed within a few days to weeks.
What Happens After a Quitclaim Deed is Recorded in North Dakota?
When a quitclaim deed is submitted to the county Recorder’s Office, it undergoes an initial verification check. If no issues are found, the deed is assigned a number and scanned.
The office then indexes the document, enters it into the state system of records, and makes it available to the public. Finally, the original quitclaim deed is returned to the submitter.
How Long Are Quitclaim Deeds Valid For in North Dakota?
There is no expiration for quitclaim deeds in North Dakota. However, the time limit to recover real property in North Dakota is 20 years.
Sources
- 1 Carkuff v. Balmer, 2011 ND 6o (Pg 2)
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“… The court reasoned that this quitclaim deed did not purport to convey the “property itself,” but only Alice Carkuff’s “right, title and interest (if any) therein….”
Source Link - 2 North Dakota Century Code §47-10-04
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The party of the first part covenants with the party of the second part that the former now is seized in fee simple of the property granted…. that the same is free from all encumbrances… warrant to the party of the second part all the said property against every person lawfully claiming the same.
Source Link - 3 NDCC §47-10-19
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From the use of the word “grant” in any conveyance by which an estate of inheritance or fee simple is to be passed, the following covenants, and none other, on the part of the grantor for the grantor and the grantor’s heirs to the grantee and the grantee’s heirs and assigns, are implied unless restrained by express terms contained in such conveyance..
Source Link - 4 NDCC §47-19-07
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Place for recording instruments – Fee endorsed.. An instrument entitled to be recorded must be recorded by the recorder of the county in which the real property affected thereby is situated. The recorder in each case must endorse the amount of the fee for the recording on the instrument recorded.
Source Link - 5 NDCC § 11-18-05 (a)(1)(2)(4)
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…”Page” means one side of a single legal size sheet of paper not exceeding eight and one-half inches [21.59 centimeters] in width and fourteen inches [35.56 centimeters] in length…must have a font size equal to or larger than ten point Calibri… A space of at least three inches [7.62 centimeters] must be provided across the top of the first page of each instrument…
Source Link - 6 NDCC §47-10-06
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A grant of an estate in real property may be made in substance as follows… This grant made the… day of…. in the year of …. between A.B.. of . of the first part, and C.D., of ______, of the second part, witnesseth…..That the party of the first part hereby grants to the party of the second part in consideration of …. dollars, now received, all the real property situated in
Source Link - 7 NDCC §47-19-05
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Recording of deed – Post-office and street address of grantee must be shown. No deed in which real estate is described shall be received for record by any recorder in this state if the post-office address, and any known or existing street address..
Source Link - 8 NDCC § 11-18-05 (a)(3)
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Each real estate instrument must have a legal description considered to be adequate by the recorder before such instrument will be accepted for recording…
Source Link - 9 NDCC § 47-19-03.1
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Deeds and contracts for deeds to include name and address of drafter of legal description.. The recorder may not record a deed… unless the name and address of the individual who drafted the legal description contained in the deed or contract for deed appears on the instrument in a legible manner…
Source Link - 10 NDCC § 43-19.1-30
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It is unlawful for the recorder of any county .. to file or record any map, plat, survey, or other document within the definition of land surveying which does not have impressed thereon and affixed thereto the personal signature and seal of a registered professional land surveyor by whom the map, plat, survey, or other document was prepared.
Source Link - 11 Acknowledgment
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Prerequisites to recording instruments. Before an instrument can be recorded.. its execution must be established…if executed by an individual, by acknowledgment by the person executing the same…. By proof.. by a subscribing witness as is provided by section.. By proof of the handwriting of the person executing an instrument and of a subscribing witness..
II. NDCC §47-19-13
Acknowledgment and proof.. Persons authorized to make – Statewide jurisdiction
The proof or acknowledgment of an instrument may be made at any place within this state before a judge, or the clerk, of the supreme court, or a notary public..
- 12 NDCC §47-18-05
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Homestead – How conveyed.. The homestead of a married person, without regard to the value thereof, cannot be conveyed or encumbered unless the instrument by which it is conveyed or encumbered is executed and acknowledged by both the husband and wife.
Source Link - 13 Statement of Consideration
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I. NDCC §11-18-02.2 (1)(b)
Statements of full consideration to be filed with recorder .. who presents a deed in the office of the county recorder shall certify on the face of the deed one of the following …A statement designating one of the exemptions in subsection 6 which the grantee believes applies to the transaction..
II. NDCC §11-18-02.2 (6)(h)
This section does not apply to deeds transferring title to the following types of property…h. All transfer of ownership of property for which is given a quitclaim deed.
- 14 NDCC §11-18-02
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“…the recorder shall refuse to receive or record any deed, contract for deed, plat, replat, patent, auditor’s lot, or any other instrument that changes the current property description unless there is entered thereon a certificate of the county auditor showing that a transfer of the lands described therein has been entered and that the delinquent and current taxes and delinquent…”
Source Link - 15 NDCC § 11-18-05 (a)
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The recorder shall charge and collect the following fees.. For recording an instrument affecting title to real estate…… twenty dollars for documents containing one to six pages and sixty-five dollars for documents containing more than six pages plus three dollars for each additional page after the first twenty-five pages…
Source Link - 16 NDCC §28-01-04
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Actions for recovery or possession of real property – Limitations
No action for the recovery of real property or for the possession thereof may be maintained, unless the plaintiff, or the plaintiff’s ancestor, predecessor, or grantor, was seized or possessed of the premises in question within twenty years before the commencement of such action.
Source Link
