Benson County Quitclaim Deed (Partnership or Limited Partnership Grantor) Form

The grantor on this North Dakota quitclaim deed writes its own name, and a partner holds the pen. Section 45-15-02 of the North Dakota Century Code lets partnership property held in the name of the partnership be transferred by an instrument of transfer executed by a partner in the partnership name, and this form is built to that sentence: one partnership as sole grantor, one partner executing in the partnership name, one acknowledgment certificate, and a release made with no covenant or warranty of title.

The presumption that stops short of a partnership

North Dakota supplies a shortcut for some entity deeds, not for this one. Section 47-10-05.1, captioned Presumption of corporate authority of officers, presumes that an officer of a corporation, or the manager of a limited liability company, may execute and acknowledge an instrument affecting the entity's real property. Its terms name those two entities, so a partnership deed answers instead to Section 45-15-01, which makes each partner an agent of the partnership for acts apparently carrying on its business in the ordinary way, and to Section 45-15-02. A limited partnership takes the parallel route through Sections 45-10.2-38 and 45-10.2-45, which give each general partner, and no limited partner, agency to sign a record in the partnership name.

A statement of partnership authority, and where it bites

Section 45-15-03 lets a partnership file a statement of partnership authority with the secretary of state naming the partners authorized to execute an instrument transferring real property held in the partnership name. The consequence sits in the county records: a person who is not a partner is deemed to know of a limitation on that authority when a certified copy of the filed statement carrying it is of record in the office for recording transfers of the property, and a filed statement is canceled by law five years after filing. That statement is recorded separately and is not part of this package.

Four partnership forms on one grantor line

Section 1 takes the partnership name, the type of partnership, and the state of organization, so a general partnership under Chapters 45-13 through 45-21, a limited partnership under Chapter 45-10.2, a limited liability partnership under Chapter 45-22, and a limited liability limited partnership under Chapter 45-23 all fit one grantor line. Section 10 names the signing partner and that partner's capacity, then states that the individual executes in the partnership name rather than individually and that what is conveyed is partnership property, the characterization Sections 45-14-03 and 47-02-07 supply. Three record patterns present this configuration: a partnership winding up and distributing a parcel to its partners, as the completed example does; a partnership releasing a fractional interest to a co-owner; and a partnership clearing an interest left standing under a former name after a merger under Chapter 45-21. The form recites one partnership grantor and one signing partner, so title standing in partners' names, a conveyance two partners must sign, and deeds made by natural persons or a fiduciary each follow a different architecture. Nothing asks about marital status, because Section 47-18-05 speaks to a married person and a partnership is not one.

No warranty, and no after-acquired title

The words of conveyance are remises, releases, and forever quitclaims, and the word grant is kept out on purpose. Section 47-10-19 reads two narrow covenants into that word, and current Section 47-10-15 sends after-acquired title through a quitclaim carrying it. Section 9 excludes both results in terms, so what reaches the grantee is the partnership's interest as it stands at delivery, with recorded easements, severed minerals, mortgages, and liens riding along untouched.

From the auditor's counter to the recorder's

Section 11 prints the certification Section 11-18-02.2 places on the face of a North Dakota deed, taking the full consideration paid or the exempting subdivision of subsection 6, signed and dated by the grantee or presenting agent with no notary involved. Section 5 prints the legal description statement of Section 47-19-03.1, and Section 2 collects the grantee address entries Sections 47-10-07 and 47-19-05 require. An auditor's certificate under Section 11-18-02 precedes recording, fees under Section 11-18-05 open at twenty dollars through six pages, and North Dakota levies no deed or transfer tax.

Purchase delivers three files: the blank quit claim deed as a fillable PDF, a Mountrail County example worked end to end, and a guide covering the numbered sections, the signing formalities, and the ownership forms open to grantees. Everything here describes North Dakota law generally and is not legal advice.