North Dakota Squatters Rights and Adverse Possession Laws (2026)

North Dakota sets one of the longer adverse possession clocks in the country: a squatter generally must occupy land openly and continuously for 20 years before any court will consider a title claim. A faster 10-year track exists for claimants who hold color of title and pay property taxes throughout the period. Property owners can remove unauthorized occupants through the eviction process in North Dakota district court under N.D. Cent. Code ch. 47-32.

Information last verified on May 27, 2026. This article provides general legal information, not legal advice.

Jurisdiction scope: This article covers squatters rights and adverse possession law in North Dakota only. For a comparison across all 50 states, see the national squatters rights guide.

Adverse Possession in North Dakota: The 20-Year and 10-Year Tracks

The 20-Year Base Track

North Dakota's primary adverse possession rule appears in N.D. Cent. Code § 28-01-04, which sets a 20-year limitation period for any action to recover or obtain possession of real property. A person who occupies land for 20 or more years under the required conditions can assert adverse possession as a defense if the original owner attempts to reclaim the property after that period expires.

To succeed on a claim, a squatter in North Dakota must show that their possession was:

• Actual: the claimant physically used and occupied the land in a manner consistent with its character.
• Open and notorious: the occupation was visible and obvious, giving the true owner reasonable notice that someone was using the land.
• Exclusive: the claimant did not share possession with the true owner or the general public.
• Continuous: the occupation lasted without significant interruption for the full statutory period.
• Hostile: the claimant held the land without the owner's permission and without acknowledging the owner's superior title.

North Dakota courts have applied these elements strictly. A claimant who cannot satisfy every element for the full 20 years will not acquire title regardless of how long they occupied the land. The 20-year clock begins running from the date the hostile, open, and exclusive occupation started, not from the date the owner first discovered the trespass.

No payment of property taxes is required to satisfy the 20-year track. This distinguishes North Dakota's base track from the shorter alternative described below.

The 10-Year Color-of-Title and Tax-Payment Track

North Dakota also provides a shorter path to title under N.D. Cent. Code § 47-06-03. Under this provision, a claimant who holds color of title to real property and pays all taxes assessed against that property for 10 consecutive years may establish a claim to title through adverse possession.

"Color of title" means the claimant holds a written instrument: such as a deed, a judgment, or a probate order: that appears on its face to convey title but is defective in some legal respect. A claimant who simply occupies land without any written instrument cannot use the 10-year track and must satisfy the 20-year requirement instead.

The tax-payment requirement serves an important policy function: it rewards claimants who treated the property as their own for civic and financial purposes and penalizes owners who allowed a defective instrument to sit unchallenged while someone else paid the tax bills. To use this track, the claimant must pay every annual tax assessment on the disputed parcel without interruption during the 10-year period. A single year of missed taxes can break the chain.

N.D. Cent. Code § 28-01-08 addresses adverse possession based on a written instrument more broadly, confirming that possession under a written instrument or judgment also fits within the 20-year limitation structure of Chapter 28-01. The 10-year tax-payment track under § 47-06-03 functions as a separate, affirmative grant of title when both color of title and continuous tax payment are proven.

What Adverse Possession Does Not Cover

Occupying land owned by the State of North Dakota does not build a title the state has to respect. N.D. Cent. Code § 47-06-01 provides that occupancy for any period confers a title "sufficient against all except the state" and those who hold by prescription, accession, transfer, will, or succession. The familiar shorthand that limitations never run against the government is not accurate in North Dakota, however. Section 28-01-01 does set an outer limit on the state's own suits: the state will not sue over real property unless its right or title accrued within forty years before the action, or the state or those from whom it claims received the rents and profits within forty years. The carve-out in § 47-06-01 names the state, so anyone dealing with land held by a county, city, or other political subdivision should not assume the same rule applies without checking. Additionally, a claimant who entered with the owner's permission: even permission that later expired: typically cannot establish the hostility element, because courts will presume the occupation was permissive.

Tacking: combining successive periods of adverse possession by different claimants in privity with one another: is recognized in North Dakota, allowing a buyer who inherited a squatter's claim to add the predecessor's possession time to their own.

How to Remove a Squatter in North Dakota

No Self-Help Eviction

North Dakota law does not permit property owners to remove squatters by force. Changing locks while someone occupies a property, shutting off utilities, or physically removing a person's belongings without a court order can expose the owner to civil liability. The only lawful path to remove an unauthorized occupant is through the court-supervised eviction process.

Serve a Notice to Quit

Before filing in court, a property owner should serve the occupant with a written notice to quit the premises. For a squatter who never had a lease, a 3-day notice is typically appropriate to establish the factual record, though § 47-32-02 requires the three-day written notice of intention to evict only in actions brought under subsections 4, 5, 6, and 8 of § 47-32-01, so an action grounded in subsections 1 through 3 does not carry that statutory notice requirement. The notice should clearly identify the property, demand the occupant leave, and state the basis for removal.

File an Eviction Action in District Court

If the squatter does not vacate after the notice period, the property owner files an eviction action (also called an unlawful detainer action) in the North Dakota district court for the county where the property is located. The governing statute is N.D. Cent. Code ch. 47-32.

Section 47-32-01 lists eight grounds on which an eviction action is maintainable, and the ones that reach a squatter are the first three. Subsection 1 covers a party who "by force, intimidation, fraud, or stealth, has entered upon the prior actual possession of real property of another and detains the same." Subsection 2 covers a party who, after peaceably entering upon real property, "turns out by force, threats, or menacing conduct the party in possession." Subsection 3 covers a party who "by force or by menaces and threats of violence, unlawfully holds and keeps the possession of any real property, whether the possession was acquired peaceably or otherwise."

The holdover ground in subsection 4 does not reach a squatter. It applies to a lessee, in person or by subtenant, who holds over after the lease terminates or the term expires, or who fails to pay rent for three days after the rent is due. An owner should plead the subsection that matches how the occupant took possession.

The court will set a hearing date. The property owner must serve the squatter with a summons and complaint.

At the hearing, the owner presents evidence that they hold title or a right to possession and that the squatter is in unlawful possession. If the squatter claims adverse possession, they bear the burden of proving all required elements. Courts do not grant adverse possession claims lightly, particularly when the statutory period has not elapsed.

If the court rules in the owner's favor, it issues a writ of eviction. A law enforcement officer: typically the county sheriff: carries out the physical removal of the occupant and their belongings. The property owner should not attempt to remove the squatter without the sheriff.

No 2024 or 2025 Expedited Removal Law

Several states enacted legislation in 2024 and 2025 creating fast-track or administrative removal procedures for squatters outside the traditional court process. North Dakota did not enact any such law in the 2023-2024 or 2025 legislative sessions. Property owners in North Dakota must still proceed through the district court eviction process under ch. 47-32.

Practical Steps for Property Owners

1. Document the unauthorized occupation with photographs, dated records, and any written communications with the occupant.
2. Review title records to confirm there is no written instrument that could give the occupant color of title, and check county tax records to verify who has paid property taxes.
3. Consult a North Dakota real property attorney before filing, particularly if the squatter has occupied the land for many years or claims a written instrument.
4. File the eviction action promptly. Every day of inaction adds to the occupant's adverse possession clock.
5. After the court issues a writ of eviction, coordinate with the county sheriff for lawful removal.

Legal disclaimer: This article is general legal information about North Dakota squatters rights and adverse possession law. It is not legal advice and does not create an attorney-client relationship. Laws can change and individual circumstances vary. If you face a squatter situation or believe you have an adverse possession claim in North Dakota, consult a licensed North Dakota real property attorney.

Sources

• N.D. Cent. Code § 28-01-01, Actions relating to real estate brought by state of North Dakota, limitations (North Dakota Legislative Assembly, ndlegis.gov)
• N.D. Cent. Code § 28-01-04, Actions for recovery or possession of real property, limitations (North Dakota Legislative Assembly, ndlegis.gov)
• N.D. Cent. Code § 28-01-07, Presumption against adverse possession of real estate (North Dakota Legislative Assembly, ndlegis.gov)
• N.D. Cent. Code § 28-01-08, Adverse possession when based upon written instrument (North Dakota Legislative Assembly, ndlegis.gov)
• N.D. Cent. Code § 47-06-01, Title by occupancy (North Dakota Legislative Assembly, ndlegis.gov)
• N.D. Cent. Code § 47-06-03, Title to real property, adverse possession (North Dakota Legislative Assembly, ndlegis.gov)
• N.D. Cent. Code § 47-32-01, When eviction maintainable (North Dakota Legislative Assembly, ndlegis.gov)
• N.D. Cent. Code § 47-32-02, Appearance, notice of intention to evict (North Dakota Legislative Assembly, ndlegis.gov)
• N.D. Cent. Code ch. 47-32, Eviction (North Dakota Legislative Assembly, ndlegis.gov)

National squatters rights guide

Last updated: May 27, 2026.

Statutes cited reflect their in-force version as of May 27, 2026.

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