# N.D. Cent. Code § 28-01-09: 28-01-09. Acts constituting adverse possession based upon a written instrument

> North Dakota · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_ND_T28_C28-01_S28-01-09

## Section

- **Citation:** N.D. Cent. Code § 28-01-09
- **Heading:** 28-01-09. Acts constituting adverse possession based upon a written instrument
- **Jurisdiction:** North Dakota
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** ND Code / Title 28 / Chapter 28-01 / Section 28-01-09

## Text

28-01-09. Acts constituting adverse possession based upon a written instrument

For the purpose of constituting an adverse possession by any person claiming a title

founded upon a written instrument or upon a judgment or decree, land must be deemed to have

been so possessed and occupied in each of the following cases:

1. When it has been usually cultivated or improved;

2. When it has been protected by a substantial enclosure;

3. When, although not enclosed, it has been used for the supply of fuel or of fencing

timber for the purposes of husbandry, or the ordinary use of the occupant; or

4. When a known farm or a single lot has been partly improved, the portion of such farm

or lot that may have been left not cleared or not enclosed according to the usual

course and custom of the adjoining country, must be deemed to have been occupied

for the same length of time as the part improved and cultivated, but when the premises

consist of two or more contiguous lots, the possession of one lot may not be deemed a

possession of any other of such lots.

## Nearby sections

- [N.D. Cent. Code § 28-01-01 28-01-01. Actions relating to real estate brought by state of North Dakota - Limitations](https://www.frixlaw.com/law-library/statutes/STATE_ND_T28_C28-01_S28-01-01.md)
- [N.D. Cent. Code § 28-01-02 28-01-02. Actions relating to real estate brought by person claiming through grant from state - Limitations](https://www.frixlaw.com/law-library/statutes/STATE_ND_T28_C28-01_S28-01-02.md)
- [N.D. Cent. Code § 28-01-03 28-01-03. Actions relating to real estate when state grant judicially declared void - Limitations](https://www.frixlaw.com/law-library/statutes/STATE_ND_T28_C28-01_S28-01-03.md)
- [N.D. Cent. Code § 28-01-04 28-01-04. Actions for recovery or possession of real property - Limitations](https://www.frixlaw.com/law-library/statutes/STATE_ND_T28_C28-01_S28-01-04.md)
- [N.D. Cent. Code § 28-01-05 28-01-05. Actions founded upon title to real estate or to rents or services therefrom - Limitations](https://www.frixlaw.com/law-library/statutes/STATE_ND_T28_C28-01_S28-01-05.md)
- [N.D. Cent. Code § 28-01-06 28-01-06. Actions founded upon entry upon real estate - Limitations](https://www.frixlaw.com/law-library/statutes/STATE_ND_T28_C28-01_S28-01-06.md)
- [N.D. Cent. Code § 28-01-07 28-01-07. Presumption against adverse possession of real estate](https://www.frixlaw.com/law-library/statutes/STATE_ND_T28_C28-01_S28-01-07.md)
- [N.D. Cent. Code § 28-01-08 28-01-08. Adverse possession when based upon written instrument](https://www.frixlaw.com/law-library/statutes/STATE_ND_T28_C28-01_S28-01-08.md)
- [N.D. Cent. Code § 28-01-09 28-01-09. Acts constituting adverse possession based upon a written instrument](https://www.frixlaw.com/law-library/statutes/STATE_ND_T28_C28-01_S28-01-09.md)
- [N.D. Cent. Code § 28-01-10 28-01-10. Extent of real estate affected by adverse possession not based on written instrument](https://www.frixlaw.com/law-library/statutes/STATE_ND_T28_C28-01_S28-01-10.md)
- [N.D. Cent. Code § 28-01-11 28-01-11. Acts constituting adverse possession not based upon a written instrument](https://www.frixlaw.com/law-library/statutes/STATE_ND_T28_C28-01_S28-01-11.md)
- [N.D. Cent. Code § 28-01-12 28-01-12. When possession of tenant presumed to be possession of landlord](https://www.frixlaw.com/law-library/statutes/STATE_ND_T28_C28-01_S28-01-12.md)
- [N.D. Cent. Code § 28-01-13 28-01-13. Possession not affected by descent](https://www.frixlaw.com/law-library/statutes/STATE_ND_T28_C28-01_S28-01-13.md)
- [N.D. Cent. Code § 28-01-14 28-01-14. Disabilities extend limitations on actions affecting real estate](https://www.frixlaw.com/law-library/statutes/STATE_ND_T28_C28-01_S28-01-14.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_ND_T28_C28-01_S28-01-09. Check the current official text before relying on it. Not legal advice.