## How the limitation period applies

The controlling primary authority for US-ND trespass SOL (N.D. Cent. Code § 28-01-16(3)) is **N.D. Cent. Code § 28-01-16(3)**.

> **N.D. Cent. Code § 28-01-16(3).** rt of competent jurisdiction, an action for the recovery of the premises so conveyed may be brought either by this state or by any subsequent grantee of the premises, or the subsequent grantee's heirs or assigns, within twenty years after the date on which such judgment was rendered, but not after that period. 28-01-04. Actions for recovery or possession of real property - Limitations. No action for the recovery of real property or for the possession thereof may be maintained, unless the plaintiff, or the plaintiff's ancestor, predecessor, or grantor, was seized or possessed of the premises in question within twenty years before the commencement of such action. 28-01-05. Actions founded upon

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DocketMath's statute-of-limitations tool can model these timelines once you identify the controlling claim type and accrual date. Use the source panel for the verified primary-source citations.

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## Sources

- [N.D. Cent. Code § 28-01-16(3) — N.D. Cent. Code § 28-01-16(3)](https://www.ndlegis.gov/cencode/t28c01.pdf)

All sources are official primary law published by `www.ndlegis.gov`.

**Corroboration method:** government_primary_source_direct_fetch.


In North Dakota, “trespass to real property” claims are typically treated as actions to recover for an interference with land—often involving unauthoriz...

Statute of Limitations for Trespass to Real Property in North Dakota

28-01-16. Actions having six-year limitations. The following actions must be commenced within six years after the claim for relief has accrued: 1. An action upon a contract, obligation, or liability, express or implied, subject to the provisions of sections 28-01-15 and 41-02-104.

Except as otherwise provided by law, a prosecution for any felony other than murder must be commenced within three years after its commission. Prosecution of felony offenses under chapter 12.1-23 or 50-24.8 must be commenced within the later of three years of commission of the last act that is an element of the offense, three years of discovery of the stolen property, or three years of discovery of the loss of the property or services. Nothing in this section prevents a person prosecuted for murder from being found guilty of any included offense and punished accordingly.

28-01-16. Actions having six-year limitations. The following actions must be commenced within six years after the claim for relief has accrued: 1. An action upon a contract, obligation, or liability, express or implied, subject to the provisions of sections 28-01-15 and 41-02-104. 2. An action upon a liability created by statute, other than a penalty or forfeiture, when not otherwise expressly provided. 3. An action for trespass upon real property. 4. An action for taking, detaining, or injuring any goods or chattels, including actions for the specific recovery of personal property. 5. An action for criminal conversation or for any other injury to the person or rights of another not arising upon contract, when not otherwise expressly provided. 6. An action for relief on the ground of fraud in all cases both at law and in equity, the claim for relief in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud.

Except as provided in section 28-01-25.2, the following actions must be commenced within
two years after the claim for relief has accrued:
1. An action for libel, slander, assault, battery, or false imprisonment.
2. An action upon a statute for a forfeiture or penalty to the state.
3. An action for the recovery of damages resulting from malpractice; provided,
however, that the limitation of an action against a physician or licensed hospital
will not be extended beyond six years of the act or omission of alleged
malpractice by a nondiscovery thereof unless discovery was prevented by the
fraudulent conduct of the physician or licensed hospital. This limitation is subject
to the provisions of section 28-01-25.
4. An action for injuries done to the person of another, when death ensues from
such injuries, and the claim for relief must be deemed to have accrued at the time
of the death of the party injured; provided, however, that when death ensues as
the result of malpractice, the claim for relief is deemed to have accrued at the
time of the discovery of the malpractice. However, the limitation will not be
extended beyond six years of the act or omission of alleged malpractice by a
nondiscovery thereof unless discovery was prevented by the fraudulent conduct
of the physician or hospital.
5. An action for recovery of damages arising under chapter 5-01, and the claim for
relief is deemed to have accrued at the time of the alleged offense. This limitation
does not apply to any claim for relief existing at the time of the enactment of this
subsection.

28-01-18. Actions having two-year limitations. Except as provided in section 28-01-25.2, the following actions must be commenced within two years after the claim for relief has accrued: 1. An action for libel, slander, assault, battery, or false imprisonment. 2. An action upon a statute for a forfeiture or penalty to the state. 3. An action for the recovery of damages resulting from malpractice; provided, however, that the limitation of an action against a physician or licensed hospital will not be extended beyond six years of the act or omission of alleged malpractice by a nondiscovery thereof unless discovery was prevented by the fraudulent conduct of the physician or licensed hospital. This limitation is subject to the provisions of section 28-01-25.

28-01-18. Actions having two-year limitations. Except as provided in section 28-01-25.2, the following actions must be commenced within two years after the claim for relief has accrued: 1. An action for libel, slander, assault, battery, or false imprisonment.

Except as otherwise limited by this section, if a complaint of a discriminatory practice is first filed with the department, the period of limitation for bringing an action in the district court is ninety days from the date the department dismisses the complaint or issues a written probable cause determination.

An action for breach of any contract for sale must be commenced within four years after the claim for relief has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.

All suits and actions for the recovery of overtime, damages, fees, or penalties accruing under laws respecting the payment of wages, and specifically under the Act of Congress known as the Fair Labor Standards Act of 1938 [Pub. L. 75-718; 52 Stat. 1060; 29 U.S.C. 201 et seq.], as same has been or may hereafter be amended, and all other similar acts must be brought within two years after the accrual of such claim for relief, and all claims for relief accruing prior to the date hereof must be brought within one year after passage of this section. This section does not affect suits pending at the time of its passage.

4. An action for injuries done to the person of another, when death ensues from such injuries, and the claim for relief must be deemed to have accrued at the time of the death of the party injured; provided, however, that when death ensues as the result of malpractice, the claim for relief is deemed to have accrued at the time of the discovery of the malpractice. However, the limitation will not be extended beyond six years of the act or omission of alleged malpractice by a nondiscovery thereof unless discovery was prevented by the fraudulent conduct of the physician or hospital.

An action for relief on the ground of fraud in all cases both at law and in equity, the claim for relief in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud.

Under N.D. Cent. Code § 28-01-16(5), an action for criminal conversation or for any other injury to the person or rights of another not arising upon contract (when not otherwise expressly provided) must be commenced within six years. This 6-year rule controls general PI, negligence, premises liability, product liability, slip-and-fall, and dog bite in North Dakota — among the longest PI SOLs nationally.

Statute of limitations for breach written contract in US-ND is 6 years under N.D. Cent. Code § 28-01-16(1).

Statute of limitations for breach oral contract in US-ND is 6 years under N.D. Cent. Code § 28-01-16(1).

Statute of limitations for ucc sale of goods in US-ND is 4 years under N.D. Cent. Code § 41-02-104.

UCC sale-of-goods breach claims in North Dakota have a 4-year SOL under N.D. Cent. Code § 41-02-104.

Under N.D. Cent. Code § 28-01-16(1), an action upon a contract, obligation, or liability, express or implied, must be commenced within six years after the claim accrues; a promissory note is a written contract, so an action on promissory-note debt is governed by this six-year period.

28-01-25. Disabilities extend limitations on actions generally - Exceptions. If a person who is entitled to bring an action other than for the recovery of real property, or for a penalty or forfeiture, or against a sheriff or other officer for an escape is: 1. Under the age of eighteen years; 2. Insane; or 3. Imprisoned on a criminal charge or in execution under the sentence of a criminal court for a term less than for life, at the time the claim for relief accrues, the time of such disability is not a part of the time limited for the commencement of the action. However, the period within which the action must be brought cannot be extended more than five years by any such disability except infancy, nor can it be extended in any case longer than one year after the disability ceases. In cases alleging professional malpractice, the extension of the limitation due to infancy is limited to twelve years.

28-01-24. Limitations on claims for relief fraudulently concealed. When, by fraud or fraudulent concealment, a party against whom a claim for relief exists prevents the person in whose favor such claim for relief exists from obtaining knowledge thereof, the latter may commence an action within one year from the time the claim for relief is discovered by the latter or might have been discovered by the latter in the exercise of diligence. Such fraud or fraudulent concealment must be established to the satisfaction of the court or jury, as the case may be, by a fair preponderance of the evidence.

If any person is out of this state at the time a claim for relief accrues against that person, an action on such claim for relief may be commenced in this state at any time within the term limited in this chapter for the bringing of an action on such claim for relief after the return of such person into this state. If any person departs from and resides out of this state and remains continuously absent therefrom for the space of one year or more after a claim for relief has accrued against that person, the time of that person's absence may not be taken as any part of the time limited for the commencement of an action on such claim for relief. The provisions of this section, however, do not apply to the foreclosure of real estate mortgages by action or otherwise and do not apply if this state's courts have jurisdiction over a person during the person's absence.

When, by fraud or fraudulent concealment, a party against whom a claim for relief exists prevents the person in whose favor such claim for relief exists from obtaining knowledge thereof, the latter may commence an action within one year from the time the claim for relief is discovered by the latter or might have been discovered by the latter in the exercise of diligence. Such fraud or fraudulent concealment must be established to the satisfaction of the court or jury, as the case may be, by a fair preponderance of the evidence.

If a person who is entitled to bring an action other than for the recovery of real property, or for a penalty or forfeiture, or against a sheriff or other officer for an escape is: 1. Under the age of eighteen years; 2. Insane; or 3. Imprisoned on a criminal charge or in execution under the sentence of a criminal court for a term less than for life, at the time the claim for relief accrues, the time of such disability is not a part of the time limited for the commencement of the action. However, the period within which the action must be brought cannot be extended more than five years by any such disability except infancy, nor can it be extended in any case longer than one year after the disability ceases. In cases alleging professional malpractice, the extension of the limitation due to infancy is limited to twelve years.

Statute of Limitations for Trespass to Real Property in North Dakota

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