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The recorder is responsible for recording and maintaining records related to real property situated in Dunn County.
Recording Fees
$20.00 -documents with 1 to 6 pages. (excluding Plats)
$65.00 -documents with 7 to 25 pages. (excluding Plats)
$3.00 per page over 25 pages.
$10.00 margin fee if there is not at least one inch margin on one side of each page.
$3.00 for each related document listed AFTER the first 10 documents.
$1.00 for each section listed AFTER the first 10 listed sections.
Please note: The top 3 inches of ALL documents MUST be blank and free of any lines, return addresses, or ANYTHING else. If 3 inches are not available on the top of the first page, the recorder SHALL add a page to the end of the recording and charge accordingly, if necessary.
The fee to make certified copies of a recorded instrument or a filed non-central indexing instrument is $5 for the first page and $2 for each additional page.
Contact the recorder at (701) 573-4447 with questions regarding fees or taxes due upon recording.
Document Formatting Requirements
Margin requirements: At least 3 inch margin on top of first page for ALL documents.
1 inch margin on at least one side of each page or $10 margin fee charged.
Font size required: "must be considered legible by the recorder and must have a font size equal to or larger than 10 (ten) point.
Document page size not to exceed 8-1/2 inch wide x 14 inch long. (Plats have different size and fee requirements)
1. When submitting an instrument to the county recorder, it must be an original or certified copy. Signatures must also be original and handwritten.
2. All persons who are named in the document are the signatories and should also be named in the acknowledgment.
3. All instruments presented for recording must contain a 1-inch top, bottom, or side margin on each page for placement of the computerized recording labels. Additional fees of up to $10 may be applied if this requirement is not met.
4. The grantor must sign the deed and must have his signature notarized. The notary seal and expiration date must be easily readable and able to be scanned. The notary seal must be surrounded by a border. If it is not, there must be an embossed seal on the document.
5. Every deed executed in which a description of real estate is present shall contain the post office address of each grantee named in the deed.
6. A recorder may not record a deed containing a metes and bounds legal description that affects the title to or possession of real property that otherwise may be recorded unless the name and address of the individual who drafted the legal description contained in the deed is legibly provided. This information can be given in the following manner: "This legal description was prepared by (name and address) or was obtained from a previously recorded instrument."
7. Each real estate instrument must have a legal description considered to be adequate by the recorder before it will be accepted for recording.
8. The recorder may refuse an instrument unless it bears a certificate from the county auditor showing that a transfer of the lands described therein has been entered and that the delinquent and current taxes have been paid. All taxes must be paid before the Auditor's Office will transfer the deed so that the County Recorder can record it.
Statement of Consideration
A grantee (or grantee's authorized agent) who presents a deed to the county recorder shall certify one of the following on the face of the deed:
1. A statement that the grantee has filed a report of the full consideration paid for the property with the state board of equalization.
2. A statement that the grantee has filed a full report of the full consideration paid with the county recorder.
3. A statement of the full consideration paid for the property conveyed.
4. A statement designating an exemption which the grantee believes applies to the transaction.
Conveyances:
In North Dakota, a grant is interpreted in favor of the grantee, except that a reservation in any grant, and every grant by a public officer or body, as such, to a private party, will be interpreted in the grantor's favor.
Words of inheritance or succession in a conveyance are not necessary to transfer a fee in real property.
A transfer will vest all the actual title that the grantor has in the property being transferred, unless a different intention is expressed or implied in the deed. It will also transfer all its incidents unless exceptions are made. A transfer of real property will also pass all easements attached to the property.
Every grant of an estate in real property is conclusive against the grantor and everyone subsequently claiming under the grantor, except a purchaser or encumbrancer who in good faith and for a valuable consideration acquires a title or lien by an instrument that is first duly recorded.
When real property is granted in fee simple and the grantor subsequently acquires any title or claim of title thereto, the same will pass by operation of law to the grantee or the grantee's successors.
From the use of the word "grant" in any conveyance, the following covenants, and none other, on the part of the grantor to the grantee are implied, unless restricted by specific language used in the deed: (1) Previous to the execution of such deed, the grantor has not conveyed the same estate, nor any right, title, or interest therein, to any person other than the grantee and (2) Such estate, at the time of execution, was free from encumbrances done, made, or suffered by the grantor or any person claiming under the grantor. Such covenants may be sued upon in the same manner as if they had been written at length in such deed.
The covenants mentioned in section 47-10-03 of the North Dakota Century Code must be in a form as laid out in section 47-10-04.
Effect of Recording an Instrument:
The effect of recording an instrument is to provide notice of the contents to all persons.
A conveyance of real estate that is not recorded is void against any subsequent purchaser in good faith and for a valuable consideration of the same real estate, or a portion thereof, whose conveyance is first deposited and recorded in the proper county. A conveyance can be in the form of a warranty deed, deed of bargain and sale, or quitclaim deed and release. The fact that the first deposited and recorded conveyance of such subsequent purchaser for a valuable consideration is in the form of or contains the terms of a quitclaim deed and release does not affect the question of good faith of the subsequent purchaser, or be of itself notice to the subsequent purchaser of any unrecorded conveyance of the same real estate or portion thereof.
An unrecorded instrument is valid between the parties to it and those who have notice thereof. Knowledge of the record of an instrument outside of the chain of title does not constitute such notice, provided, however, that the record of a mortgage, deed, or other conveyance prior to the recording of a deed vesting title of record in the mortgagor or grantor shall not be considered out of the chain of title after the recording of a deed vesting title in the mortgagor or grantor in such first recorded mortgage, deed, or other conveyance.