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North Dakota · TitleNorth Dakota lis pendens: filing with the recorder and the sixty-day service rule

In a North Dakota civil or criminal action affecting title to real property, the plaintiff – when filing the complaint or later – or a defendant who claims affirmative relief affecting title in the answer may file for record with the recorder of each county where the property lies a notice of the pendency of the action, giving the parties, the object of the action and a description of the property (N.D.C.C. §28-05-07). Only from filing is the pending action constructive notice to a purchaser or encumbrancer; anyone whose conveyance or encumbrance is executed or recorded later is a subsequent purchaser with notice, bound by all later proceedings as if a party (§28-05-07). The action counts as pending from the filing, but in a civil action the notice is of no avail unless the first publication of the summons, or personal service on a defendant, follows within sixty days after the filing (§28-05-07).

What the statutes set

  1. Who files (§28-05-07)

    The plaintiff, or a defendant claiming affirmative relief on title.

  2. Where (§28-05-07)

    The recorder of each county where the property lies.

  3. Effect (§28-05-07)

    Constructive notice from filing; later buyers are bound.

  4. Sixty days (§28-05-07)

    Civil action: summons published or served within 60 days, or no effect.

What the TC does when a North Dakota listing has a notice of pendency

  • Get the recorded notice and the case number from the title commitment.
  • Check the filing date against the summons service – the 60-day rule can void the notice.
  • Track the recorded release or dismissal as a closing condition.

Questions about North Dakota lis pendens

Where is a North Dakota lis pendens filed?

With the recorder of each county where the property is situated (N.D.C.C. §28-05-07).

When does a North Dakota lis pendens lose its effect?

In a civil action, if the summons isn't first published or personally served within sixty days after the notice is filed (N.D.C.C. §28-05-07).

Related guides

Track the release of the notice as a closing condition on the deal in ClosingCode.

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Source: N.D.C.C. §28-05-07 (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.