North Dakota Warranty Deed
A North Dakota warranty deed guarantees clear title and defends the buyer against claims. Record it with the county recorder; the state codifies the warranty covenant words. Attorney review available.
Introduction
North Dakota codifies the warranty covenant words themselves: Century Code Section 47-10-03 lists the usual covenants and Section 47-10-04 sets their form, ending in the grantor's promise to warrant the property against every person lawfully claiming the same. That title guarantee is what separates it from a quitclaim deed, which promises nothing and only passes whatever interest the seller happens to have. A general warranty deed protects against every title defect, including ones that arose before the seller owned the property; a special or limited warranty deed covers only problems created during the seller's own ownership. North Dakota is useful to understand here, because North Dakota actually codifies the warranty covenant words: Century Code Section 47-10-03 lists the usual covenants a seller who agrees to give them must insert, and Section 47-10-04 sets their form, ending that the grantor will warrant the property to the buyer against every person lawfully claiming the same. North Dakota's short-form conveyance is the statutory grant (Section 47-10-06), and the single word grant carries two limited implied covenants under Section 47-10-19: that the grantor has not already conveyed the estate to someone else, and that it is free of encumbrances the grantor created. A general warranty deed adds the express Section 47-10-04 covenants on top of that. You record the signed, notarized deed with the recorder of the county where the property sits (Section 47-19-07). DocDraft builds your North Dakota deed from your facts, with attorney review available before you record.
Key Things to Know
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A North Dakota warranty deed adds the express covenants of Section 47-10-04, ending in the grantor's promise to warrant the property against every person lawfully claiming it. The short-form grant (Section 47-10-06) carries only two limited implied covenants.
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North Dakota codifies the general-warranty covenant words. Section 47-10-03 lists the usual covenants (seizin, quiet enjoyment, further assurance, general warranty, and against encumbrances), and Section 47-10-04 gives their form, ending that the grantor will warrant the property to the buyer against every person lawfully claiming the same.
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North Dakota's short-form conveyance is the statutory grant (Section 47-10-06). The word grant carries two limited implied covenants under Section 47-10-19: that the grantor has not already conveyed the estate to another, and that it is free of encumbrances the grantor created. After-acquired title also passes on a proper conveyance (Section 47-10-15).
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You record the signed deed with the recorder of the county where the property is located (Section 47-19-07). North Dakota follows a race-notice priority rule, so recording promptly protects you against a later good-faith purchaser who records first (Section 47-19-41).
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The grantor's signature must be acknowledged before a notary, and the deed and acknowledgment must carry an original signature, before the deed can be recorded (Section 47-19-03). North Dakota does not require subscribing witnesses when the deed is acknowledged; a witness is only an alternative to notarization (Section 47-10-05).
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North Dakota charges no real estate transfer, deed, or documentary tax. The only money requirement on the face of the deed is a statement of the full consideration paid, or a reference to the applicable exemption (Section 11-18-02.2).
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The homestead of a married person cannot be conveyed or encumbered unless both spouses execute and acknowledge the deed, regardless of which spouse holds title (Section 47-18-05). A general warranty deed, which warrants against title defects predating the seller, is the strongest instrument North Dakota recognizes.
Key decisions before you file
Before you file a Warranty Deed in North Dakota, a few decisions shape the document: which option to choose and what each one means. The Warranty Deed guide walks through them.
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North Dakota Requirements for Warranty Deed
A warranty deed guarantees clear title and defends the buyer against claims. North Dakota codifies the warranty covenant words: Section 47-10-03 lists the usual covenants (seizin, quiet enjoyment, further assurance, general warranty, and against encumbrances), and Section 47-10-04 sets their form, ending that the grantor will warrant the property to the buyer against every person lawfully claiming the same. A general warranty deed reaches even defects predating the grantor.
North Dakota codifies a statutory short-form grant in which the operative word is grant (Section 47-10-06), and that word triggers two limited implied covenants under Section 47-10-19: the grantor has not already conveyed the estate to another, and it is free of encumbrances the grantor created. A proper conveyance also passes after-acquired title to the grantee (Section 47-10-15). A quitclaim gives no such covenants.
Record the signed, notarized deed with the recorder of the county in which the real property is situated (Section 47-19-07). North Dakota follows a race-notice priority rule, so an unrecorded conveyance is void against a later good-faith purchaser for value whose deed is first recorded (Section 47-19-41). Record promptly to protect your interest.
Before recording, the grantor's signature must be acknowledged before a notary, and the deed and acknowledgment must carry an original signature (Section 47-19-03). North Dakota does not require subscribing witnesses when the deed is acknowledged; a subscribing witness is only an alternative to notarization for a deed that is not acknowledged (Section 47-10-05). A seal is unnecessary.
North Dakota levies no real estate transfer, deed, or documentary stamp tax, so a warranty deed carries no transfer tax. The grantee must certify on the face of the deed either a statement of the full consideration paid for the property or a reference to the applicable exemption (Section 11-18-02.2). This is a reporting requirement, not a tax.
Identify the grantor and grantee, state the consideration, and include the full legal description of the property (not just the street address or parcel number). For a metes-and-bounds description, the drafter's name and address must appear on the instrument (Section 47-19-03.1). Errors in the legal description or in how the grantee takes title are a common and costly source of later title problems, so confirm both against the current vesting deed.
North Dakota is not a community property state, but the homestead of a married person cannot be conveyed or encumbered unless both the husband and wife execute and acknowledge the instrument, regardless of which spouse holds record title (Section 47-18-05). Confirm whether the property is the marital homestead before signing to avoid a defective transfer.
Choose the deed to match the protection intended. A general warranty deed adds the Section 47-10-04 covenants and warrants title against every person lawfully claiming the property, including defects predating the grantor. The statutory grant (Section 47-10-06) carries only the Section 47-10-19 implied covenants for the grantor's own acts, similar to a special or limited warranty. A quitclaim gives no covenants. The reason for the transfer usually points to the right one.
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Check my Warranty DeedFrequently Asked Questions
A warranty deed guarantees the seller holds clear title and will defend the buyer against claims to the property. A quitclaim deed makes no promises at all; it passes only whatever interest the seller actually has. North Dakota codifies the warranty covenant words in Section 47-10-04, so a general warranty deed here expressly warrants the property against every person lawfully claiming it. North Dakota's short-form grant (Section 47-10-06) sits in between, carrying only the two limited covenants implied by the word grant under Section 47-10-19.
A general warranty deed guarantees clear title against all claims, including defects that arose before the seller owned the property, and promises to defend the buyer. North Dakota codifies that promise: Section 47-10-03 lists the usual covenants and Section 47-10-04 sets their form, ending that the grantor will warrant the property against every person lawfully claiming the same, along with covenants of seizin, quiet enjoyment, freedom from encumbrances, and further assurance.
North Dakota uses both. Its statutory short-form conveyance is the grant (Section 47-10-06), and the word grant triggers the two limited implied covenants of Section 47-10-19. A general warranty deed goes further by adding the express covenants whose statutory form is set in Section 47-10-04, including the promise to warrant against every person lawfully claiming the property. Because North Dakota codifies those warranty words, a general warranty deed is a recognized and commonly used North Dakota instrument.
You record the signed, notarized deed with the recorder of the county where the property is located (Section 47-19-07). The grantor's signature must be acknowledged before a notary first, and the deed and acknowledgment must carry an original signature (Section 47-19-03). North Dakota follows a race-notice priority rule, so a deed recorded first by a good-faith purchaser generally prevails, which is why you should record promptly (Section 47-19-41).
North Dakota does not require an attorney to prepare or record a deed; an individual may prepare their own warranty or grant deed and record it. Because a deed transfers title and a mistake in the legal description, the covenants, or how the grantee takes title can be expensive to fix, many people have the deed reviewed before recording. DocDraft prepares your North Dakota deed from your facts, with attorney review available as an option before you record.
It must be notarized. Before a North Dakota deed can be recorded, the grantor's signature has to be acknowledged before a notary, and the document and acknowledgment must carry an original signature (Section 47-19-03). North Dakota does not require subscribing witnesses when the deed is acknowledged; a subscribing witness is only an alternative to notarization for a deed that is not acknowledged (Section 47-10-05).
No. North Dakota levies no real estate transfer, deed, or documentary stamp tax, so a warranty deed here carries no transfer tax. The only money requirement on the face of the deed is a statement of the full consideration paid for the property, or a reference to the applicable exemption, which the grantee certifies (Section 11-18-02.2). This is a reporting requirement, not a tax.
For a homestead, yes. Section 47-18-05 provides that the homestead of a married person cannot be conveyed or encumbered unless both the husband and wife execute and acknowledge the instrument, regardless of which spouse holds record title. North Dakota is not a community property state, so this joinder rule is tied to the homestead; confirm whether the property is the marital homestead before you sign to avoid a defective transfer.