N.D.C.C. §§ 47-16-01 through 47-16-30.1, 47-16-31 through 47-16-35, 47-16-42 § 47-16-03
Filing farm lease containing reservation of title to crop - Waiver of rights on failure to file.
Operative Text
47-16-03. Filing farm lease containing reservation of title to crop - Waiver of rights on
failure to file.
1. When a lease of a farm contains a provision reserving title in the lessor to any part of
the crops in excess of the rental share of the lessor until the stated conditions of the
lease have been complied with by the lessee, such lease must be filed in the office of
the recorder in the county in which the land described therein is located if notice by a
real estate recording is sought, and must be filed electronically in the central indexing
system if recording in the central notice system is sought, prior to July first in the year
in which the crops are raised to render such reservation of title effective as to
subsequent purchasers or encumbrancers of any part of the grain over and above the
lessor's rental share produced upon the land.
2. The failure to file such lease or contract in accordance with this section constitutes a
waiver by the lessor of all rights reserved by that person over and above that person's
rental share in such crops as against any subsequent purchaser or encumbrancer of
the lessee.
3. The secretary of state shall provide an electronic system that includes the pertinent
information from the lease that may be filed in the central notice system. A lessor may
file this electronic statement and obtain the same rights under this section as if the
lessor had filed the lease.
4. The fee required to file and index this notice of lease is:
a. As provided in section 11-18-05, if the notice of lease is only a real estate
recording;
b. As provided in section 41-09-96, if the notice of lease is filed only to gain
protection under the central notice system; or
c. As provided in section 11-18-05, if a real estate recording is sought and according
to section 41-09-96 if electronically filed to gain protection under the central
notice system.Under N.D.C.C. § 47-16-03, when a farm lease reserves the landlord's title to any portion of the crops beyond the landlord's rental share until the tenant meets certain lease conditions, that reservation must be publicly filed before July 1 of the crop year to be legally effective against third parties. Filing can occur through the county recorder's office as a real estate recording, through the state's central indexing system, or both, depending on the type of notice sought. If the landlord fails to file on time, the law treats that failure as a waiver of any rights the landlord held over the tenant's share of the crops against subsequent purchasers or encumbrancers of that grain.
Plain English — not legal advice.
Landlords who include crop-title reservation clauses in farm leases under N.D.C.C. § 47-16-03 generally ensure those leases—or the electronic statement provided through the Secretary of State's central notice system—are filed before July 1 of the year the crops are grown. Compliant operators confirm whether filing in the county recorder's office, the central indexing system, or both is appropriate for the protection they seek, and they pay the applicable fees as referenced in the statute. Missing the July 1 deadline can result in the loss of all reserved rights over the tenant's crop share against third-party buyers or lenders, so timely filing is a standard part of farm lease administration under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under N.D.C.C. § 47-16-03, tenants should be aware that a landlord's ability to claim title to any portion of the crop beyond the rental share depends on whether the landlord properly filed the lease or an electronic notice before July 1 of the crop year. If no timely filing occurred, the statute treats the landlord as having waived those reserved rights against subsequent purchasers or encumbrancers of the grain. Tenants who believe a landlord is asserting crop-title rights without having met the filing requirements of § 47-16-03 may wish to consult a tenant-rights organization or legal aid service to understand what options may be available.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
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