Adverse Possession in North Dakota
State-specific overview · Property & Real Estate
North Dakota requires 20 years of open, continuous occupation, or 10 years if the possessor pays property taxes.
How North Dakota treats Adverse Possession
North Dakota allows adverse possession after 20 years of open, exclusive, and hostile occupation of the land. However, if the adverse possessor also pays property taxes on the disputed parcel during the occupancy period, the requirement drops to 10 years. The possession must be continuous and notorious—visible enough that a reasonable owner would discover it. This tax-payment provision incentivizes possessors to formally claim the property through tax records.
The general definition of Adverse Possession
Gaining legal ownership of land by occupying it openly and continuously for a set period.
If someone uses another person's land openly, without permission, and continuously for many years (typically 7–21 years depending on the state), they may eventually become the legal owner. The original owner must not have stopped them during that time. This doctrine rewards people who improve and maintain land while punishing owners who abandon or ignore their property.
Read the full Adverse Possession entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in North Dakota.