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North Dakota · TitleNorth Dakota quiet title: the action to determine adverse claims and joining unknown persons

North Dakota's quiet title action is called an action to determine adverse claims. It may be brought by any person having an estate or interest in, or a lien or encumbrance on, real property – whether in or out of possession and whether the property is vacant or unoccupied – against any person claiming an estate, interest, lien or encumbrance in it, to determine that adverse claim (N.D.C.C. §32-17-01). The complaint must describe the property with enough certainty for an officer executing the judgment to identify it, and the statute supplies a form (§32-17-04). People claiming an interest – as heirs, devisees, legatees, personal representatives or otherwise – who are not in possession and don't appear of record with the county recorder, the clerk of the district court or the county auditor may be proceeded against as unknown persons, and the judgment binds them and those claiming under them (§32-17-06).

What the statutes set

  1. Who may sue (§32-17-01)

    Anyone with an estate, interest, lien or encumbrance, in or out of possession.

  2. Against whom (§32-17-01)

    Any person claiming an adverse estate, interest, lien or encumbrance.

  3. Description (§32-17-04)

    Certain enough for an officer to identify the property.

  4. Unknown persons (§32-17-06)

    Claimants not in possession or of record can be joined and bound.

What the TC does when a North Dakota title commitment shows a cloud

  • List each exception the buyer's lender won't accept, with the document number.
  • Ask the seller's attorney whether a release or an action under chapter 32-17 is the cure.
  • Put the cure on the timeline – a court action can outlast the closing date.

Questions about North Dakota quiet title

Who can bring a quiet title action in North Dakota?

Any person with an estate or interest in, or a lien or encumbrance on, the property, in or out of possession (N.D.C.C. §32-17-01).

Can unknown heirs be bound by a North Dakota quiet title judgment?

Yes. Claimants not in possession and not of record may be joined as unknown persons and are bound by the judgment (N.D.C.C. §32-17-06).

Related guides

Track each title exception and its cure as tasks on the deal in ClosingCode.

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Sources: N.D.C.C. §§32-17-01, 32-17-04, 32-17-06 (ndlegis.gov), read October 31, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.