The North Dakota quitclaim deed is a document one person, called the grantor (seller), uses to transfer property to another person, called the grantee (buyer).
Compared to other types of deeds, the quitclaim deed has the simplest form, which enables the parties to easily transfer their property without excessive formalities.
On the other hand, however, the general quitclaim form doesn’t provide any warranties for the grantee. The grantor simply transfers their interests in the property without providing any guarantees that there are no other claims against the property title.
Therefore, the grantee should always check the property title and make sure there are no restrictions before making the property transfer.
Quitclaim Deed Important Laws & Requirements in North Dakota
Laws & Requirements
Signing requirements: The grantor must sign the quitclaim deed before the notary public. (§ 47-19-03)
Recording: The parties must submit the quitclaim deed to the County Recorder’s Office for the deed recording.
$20 if the document has one to six pages
$65 if the document has seven to twenty-five pages
$3 for each additional page
When to Use a Quitclaim Deed in North Dakota
The quitclaim deed can be used for a few legal activities due to its simple form and, on the other hand, its lack of warranties.
#1. Title Modifications
The grantor can use the quitclaim deed to make modifications to the property title. They can do so to correct the errors in the property title or to update the information in it. Additionally, they can use it to add or remove people from the title.
#2. Property Transfer
The quitclaim deed is, however, most commonly used for property transfers. The grantor will issue the quitclaim deed, transferring all their rights in the property to the grantee.
However, they do not guarantee that they are authorized to transfer the property and that there are no restrictions on the property title. Therefore, the quitclaim deed should be used for property transfers between trusted parties or family members.
#3. Living Trust Transfer
The grantor can also use the quitclaim deed to transfer their property to their living trust. Considering that only one person is involved in such a transaction, there is no need for additional warranties, which makes the quitclaim deed a suitable solution.
How to Create a Quitclaim Deed in North Dakota
#1. Fill Out The Form
Firstly, insert the details about the grantor and grantee, such as their first and last names, mailing addresses, and marital status. If the parties are legal entities, enter their registered names, mailing addresses, types of entities, and registration numbers.
#2. Add the “Note Consideration”
The note consideration provides details about the value of the transferred property. The property can be transferred with or without consideration (as a gift).
The consideration can be in the form of:
Forms of Consideration
Default on debt
Providing certain services
Any other kind of value
#3. Write the Legal Description
The legal description should include all the details about the property that help the parties individualize it. This often includes the property’s plot number and address.
In some cases, parties will include a description of the property’s boundaries and provide all the limitations to the property title.
#4. Sign & Get it Notarized
The grantor must sign the general quitclaim form before the notary public or other body authorized to take such acknowledgments.
#5. File the Quitclaim Deed
The parties must file the signed quitclaim deed with the governmental body in charge of the deed registration.
Where to File a Quitclaim Deed in North Dakota
In North Dakota, the parties submit the quitclaim deed to the County Recorder’s Office according to the location of the property.