North Dakota · N.D.C.C. ch. 35-27North Dakota construction lien deadlines: the 10-day warning, the 90-day recording and the good-faith buyer
In North Dakota, a person who improved real estate must give the owner written notice by certified mail at least ten days before recording that a lien will be claimed (N.D. Cent. Code §35-27-02), and records the lien with the county recorder within 90 days after its contribution is done, stating the amount due, the first and last dates and who it contracted with (§35-27-13). Missing the 90 days doesn't defeat the lien entirely – but it does as against good-faith purchasers or encumbrancers for value whose rights accrue before the lien is filed, and as against the owner for amounts paid to the contractor before recording; no lien may be filed more than three years after the first item was furnished (§35-27-14). The lien amount is limited to what the owner still owes, and a valid lien waiver bars it (§35-27-02(2)–(3)). On the owner's written demand, delivered and filed with the recorder, the lienor must sue and record a lis pendens within 30 days or forfeit the lien; in any case the lien is deemed satisfied unless an action is started and a lis pendens recorded within three years after the lien was recorded (§35-27-25).
The deadlines
1. Warning (§35-27-02)
Certified-mail notice to the owner at least 10 days before recording.
2. Recording (§35-27-13)
Within 90 days after the last contribution.
3. Late lien (§35-27-14)
Doesn't bind a good-faith buyer whose rights arose before filing.
4. Suit (§35-27-25)
30 days after the owner's demand; otherwise within three years.
What the TC can do
- If the seller had work done within the filing window, ask for lien waivers from the contractor and subcontractors.
- Send any recorded lien to the title company before closing.
- Keep the waivers in the deal file.
Questions about mechanic's liens
Does a late North Dakota construction lien bind a buyer?
Not a good-faith purchaser for value whose rights accrued before the lien was filed (N.D. Cent. Code §35-27-14).
Can a North Dakota owner force a lien claimant to sue?
Yes – after a written demand delivered and filed with the recorder, the claimant must sue and record a lis pendens within 30 days or forfeit the lien (§35-27-25).
Related guides
Add a task in ClosingCode for lien waivers from recent contractors, with an owner and a due date before closing.
Start free trialSource: North Dakota Century Code §§35-27-02, 35-27-13, 35-27-14 and 35-27-25 (ndlegis.gov, read October 26, 2026).
General information, not legal advice. The title company decides how a lien affects the title policy. ClosingCode is software; it is not a law firm or title company. This guide is not a substitute for the advice or services of an attorney.