47-10 Real Property Transfers
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<![CDATA[CHAPTER 47-10REAL PROPERTY TRANSFERS47-10-01. Method of transfer. An estate in real property, other than an estate at will orfor a term not exceeding one year, can be transferred only by operation of law or by an<br>instrument in writing, subscribed by the party disposing of the same or by the party's agent<br>thereunto authorized by writing. This does not abridge the power of any court to compel the<br>specific performance of any agreement for the sale of real property in case of part performance<br>thereof.47-10-02. Sale of realty - Duty of seller. An agreement to sell real property binds theseller to execute a conveyance in form sufficient to pass the title to the property.47-10-03.Agreement to give usual covenants on sale - Duty imposed.Anagreement on the part of a seller of real property to give the usual covenants binds the seller to<br>insert in the grant covenants of seizin, quiet enjoyment, further assurance, general warranty, and<br>against encumbrances.47-10-04. Form of covenants. The covenants mentioned in section 47-10-03 must bein substance as follows:The party of the first part covenants with the party of the second part that the former now<br>is seized in fee simple of the property granted, that the latter shall enjoy the same without<br>any lawful disturbance, that the same is free from all encumbrances, that the party of the<br>first part and all persons acquiring any interest in the same through or for the party of the<br>first part on demand will execute and deliver to the party of the second part, at the<br>expense of the latter, any further assurance of the same that reasonably may be required,<br>and that the party of the first part will warrant to the party of the second part all the said<br>property against every person lawfully claiming the same.47-10-05.Grants - Execution - Witnesses sufficient - Seal unnecessary.Theexecution of a grant of an estate in real property to entitle the same to be recorded, if it is not<br>acknowledged, must be proved by a subscribing witness or as otherwise provided in sections<br>47-19-23 and 47-19-24. The absence of the seal of any grantor or grantor's agent from any grant<br>of an estate made in real property shall not invalidate or in any manner impair the same.47-10-05.1. Presumption of corporate authority of officers - Application. An officerof any foreign or domestic corporation, or a manager of any foreign or domestic limited liability<br>company, is presumed to have the power and authority to execute and acknowledge, in its<br>behalf, any instrument granting, conveying, or otherwise affecting any interest in or lien upon any<br>property of the corporation or limited liability company, including contracts, mortgages, deeds,<br>plats, replats, easements, rights of way, options, dedications, restrictions, releases, and<br>satisfactions. Any such instrument executed by an officer of the corporation or limited liability<br>company prior to July 1, 1983, and otherwise proper, is valid and effective.47-10-06.Form of grant.A grant of an estate in real property may be made insubstance as follows:This grant made the ________ day of ______, in the year of ______, between A.B.,<br>of ______, of the first part, and C.D., of ______, of the second part, witnesseth:<br>That the party of the first part hereby grants to the party of the second part in<br>consideration of ______ dollars, now received, all the real property situated in<br>______, and bounded (or described) as follows:_____________________________<br>Witness the hand of the party of the first part.A.B.Page No. 147-10-07.Deed - Execution - Post-office and street address of grantee aprerequisite. Each deed executed in which real estate is described shall contain the post-office<br>address, and any known or existing street address if within the corporate boundaries of a city, of<br>each grantee named in such deed.47-10-08. Grant conclusive against whom. Every grant of an estate in real property isconclusive against the grantor and every one subsequently claiming under the grantor, except a<br>purchaser or encumbrancer who in good faith and for a valuable consideration acquires a title or<br>lien by an instrument that first is duly recorded.47-10-09. Grant valid pro tanto. A grant made by the owner of an estate for life oryears, purporting to transfer a greater estate than the owner could transfer lawfully, does not<br>work a forfeiture of the owner's estate but passes to the grantee all the estate which the grantor<br>could lawfully transfer.47-10-10.Title to highway, street, alley, and public right of way - Vacation.Atransfer of land bounded by a highway, street, alley, or public right of way passes the title of the<br>person whose estate is transferred to the soil of the highway, street, alley, or public right of way in<br>front to the center thereof unless a different intent appears from the grant. Every conveyance of<br>real estate, which abuts upon a vacated highway, street, alley, or other public right of way, shall<br>be construed, unless a contrary intent appears, to include that part of such highway, street, alley,<br>or public right of way which attaches either by operation or presumption of law, to such abutting<br>real estate upon such vacation.47-10-11. Easements - Pass by transfer of property to which attached. A transfer ofreal property passes all easements attached thereto and creates in favor thereof an easement to<br>use other real property of the person whose estate is transferred in the same manner and to the<br>same extent as such property obviously and permanently was used by the person whose estate<br>is transferred, for the benefit thereof, at the time when the transfer was agreed upon or<br>completed.47-10-12.Warranties - Lineal and collateral abolished - Exceptions.Lineal andcollateral warranties with all their incidents are abolished but the heirs and devisees of any<br>person who has made any covenant or agreement in reference to the title of, in, or to any real<br>property are answerable upon such covenant or agreement to the extent of the land descended<br>or devised to them in the cases and in the manner prescribed by law.47-10-13.Grant presumes fee simple title.A fee simple title is presumed to beintended to pass by a grant of real property unless it appears from the grant that a lesser estate<br>was intended.47-10-14. Grant takes effect on performance of condition. An instrument purportingto be a grant of real property to take effect upon a condition precedent passes the estate upon<br>the performance of the condition.47-10-15. After-acquired title. When a person purports by proper instrument to grantreal property in fee simple and subsequently acquires any title or claim of title thereto, the same<br>passes by operation of law to the grantee or the grantee's successors.47-10-16. Reconveyance when estate defeated by nonperformance of conditionsubsequent. When a grant is made upon condition subsequent and subsequently is defeated<br>by the nonperformance of the condition, the person otherwise entitled to hold under the grant<br>must reconvey the property to the grantor or the grantor's successors by grant duly<br>acknowledged for record.47-10-17.Encumbrances defined.The term encumbrances includes taxes,assessments, and all liens upon real property.Page No. 247-10-18.Liability of grantor.Whoever conveys real estate by deed or mortgagecontaining a covenant that it is free from all encumbrances, when an encumbrance appears of<br>record to exist thereon, whether known or unknown to that person, shall be liable in an action of<br>contract, to the grantee and the grantee's heirs, executors, administrators, successors, grantees,<br>or assigns for all damages sustained in removing the same.47-10-19. Covenants implied from use of word grant. From the use of the word"grant" in any conveyance by which an estate of inheritance or fee simple is to be passed, the<br>following covenants, and none other, on the part of the grantor for the grantor and the grantor's<br>heirs to the grantee and the grantee's heirs and assigns, are implied unless restrained by<br>express terms contained in such conveyance:1.That previous to the time of the execution of such conveyance, the grantor has not<br>conveyed the same estate, nor any right, title, or interest therein, to any person other<br>than the grantee; and2.That such estate, at the time of the execution of such conveyance, is free from<br>encumbrances done, made, or suffered by the grantor, or any person claiming under<br>the grantor. Such covenants may be sued upon in the same manner as if they had<br>been inserted expressly in the conveyance.47-10-20. Attornment - When unnecessary. Grants of rents, reversions, or remaindersare good and effectual without attornments of the tenants, but no tenant, who before notice of the<br>grant shall have paid rent to the grantor, must suffer any damage thereby.47-10-21. Reservation of coal limited to description. Repealed by S.L. 1979, ch. 187, </p>
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