N.D.C.C. §§ 47-16-01 through 47-16-30.1, 47-16-31 through 47-16-35, 47-16-42 § 47-16-04

Products during lease belong to lessee - Exception.

In Force
Verified 10/28/2026 · Next check 11/4/2026
North DakotaLease Requirements

Operative Text

N.D.C.C. §§ 47-16-01 through 47-16-30.1, 47-16-31 through 47-16-35, 47-16-42 § 47-16-04
    47-16-04. Products during lease belong to lessee - Exception.
    In the absence of any agreement to the contrary between the lessor and the lessee, the
products received from real property during the term of a lease belong to the lessee.
Source: Legislative text reproduced verbatim
Plain English

Under North Dakota law, specifically N.D.C.C. § 47-16-04, any products or outputs generated from leased real property during the lease term are presumed to belong to the tenant, not the landlord. This default rule applies automatically unless the landlord and tenant have made a written or other agreement that says otherwise. The provision establishes a baseline ownership rule for things like crops, timber, minerals, or other yields produced from the land while a lease is in effect.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 28, 2026

Plain English — not legal advice.

For Property Managers

Under N.D.C.C. § 47-16-04, landlords who wish to retain any ownership interest in products generated from their leased real property during the lease term generally address this explicitly in the lease agreement itself. Without such a contractual provision, the default rule assigns those products to the tenant, which can affect agricultural leases, timber rights, or other resource-generating arrangements. Operators who lease farmland or resource-bearing property commonly review their lease language carefully to ensure it reflects the intended allocation of any yields or outputs.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

N.D.C.C. § 47-16-04 establishes that tenants have a default legal right to products generated from leased real property during the lease term, unless the lease agreement specifies otherwise. Tenants in agricultural, timber, or similar resource-related leases may find this provision relevant if a dispute arises over ownership of crops, yields, or other outputs produced during their tenancy. Tenants who believe this right is being contested may benefit from reviewing their lease terms and consulting a tenant-rights organization or legal aid resource familiar with North Dakota property law.

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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References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

N.D.C.C. § 47-16-06
N.D.C.C. § 47-16-07.5
N.D.C.C. § 47-16-13.1
N.D.C.C. § 47-16-13.6
N.D.C.C. § 47-16-13.1
N.D.C.C. § 47-16-13.6
N.D.C.C. § 47-16-13.1
N.D.C.C. § 47-16-13.6
N.D.C.C. § 47-16-06
N.D.C.C. § 47-16-07
N.D.C.C. § 47-16-06.1
N.D.C.C. § 47-16-07.1

Related Rules

§ 244.280
Tenant to be given copy of lease
§ 151.35
SEVERABILITY
§ 165.12
SEVERABILITY

Source Information

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