Contract Disputes and Property Disputes in North Dakota

In North Dakota, contract disputes arise when there is cause for or when there is a breach of contract. A breach of contract, which is the most common contract dispute, may be caused by several things; poor communication, misinterpretation, misrepresentation, Etc. Property disputes arise when there is a conflicting interest in owning, using, renting, or transferring real property ownership through sales or gifts. 

Property disputes may include disagreements over boundaries, sales, purchase of intellectual property or real estate, and rights to own an animal, Etc. The Supreme Court takes the final decision over all contract disputes and property disputes in the State. Meanwhile, small claims can be filed at the Municipal and District Courts in the state. The Federal District Court may settle contract and property disputes involving the federal government in the State.

Records that are considered public may be accessible from some third-party websites. Operating independently of any federal, state or local agency, such platforms may make searching simpler, as they are not limited by geographic location. Third-party sites may also feature search tools that may ease the process of finding specific or multiple records. To conduct searches via a third-party or government website, interested parties may need to provide some or all of the following:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that person resides in or was accused in.

Third-party sites are independent from government sources, and are not sponsored by these government agencies. Therefore, the accuracy, availability, or record results cannot be guaranteed.

What are Contract Disputes in North Dakota?

When the provisions as contained in the Contract Law are not put into adequate consideration before entering a contractual agreement, there is bound to be a dispute. Contract disputes in North Dakota are the disagreements caused by poor communication, conflicting interest, or any other thing that makes any of the parties involved in a contractual agreement to act contrary to the contract.

What are the Most Common Contract Disputes in North Dakota

While there are many types of contract disputes in North Dakota, the most common disputes include;

• Family Dispute; The family contract agreement is one that establishes the union of a couple. When there is a divorce, then there is a family dispute, which causes disagreement in the division of jointly owned properties, the custody of the child, or the prenuptial agreement.
• Business Dispute; A business dispute is usually caused by conflicting interests, lack of clarity in the offer or consideration.
• Real Estate Dispute.
• Insurance Dispute.
• Partnership Dispute
• Construction Dispute
• Licensing Dispute

What is North Dakota Contract Law?

Contract Law in North Dakota refers to  provisions in the state’s constitution that guide and regulate the agreement among several parties to perform a duty or fulfill a promise. Contract law agrees, whether expressed or implied, binding on the parties. The elements of the contract as contained in the contract law are;

• THE PARTIES must not include a minor, a person without a sound mind, or an invalid identity.
• THE CONSENT must not be gotten under duress, by menace, by mistake, by undue influence, or due to poor communication. It must be accepted.
• A LAWFUL OBJECT of which the performance must be ascertainable and possible.
• A SUFFICIENT CAUSE OR CONSIDERATION of which must be ascertainable, lawful, and possible to measure.

What is a Breach of Contract in North Dakota?

A breach of contract happens when any of the parties involved in a contractual agreement in North Dakota decides to act contrary to the object agreed upon in a contract. When all the elements of a contract as contained in the Contract Law are presented in an agreement, but one or two parties choose not to act, there is a breach.

What are the Remedies for a Breach of Contract in North Dakota?

Remedies are damages to be borne by the breaching party of a contractual agreement. Remedies are either monetary or equitable.

• Monetary Remedies; Remedies in monetary terms based on the applicant’s damages. Monetary remedies may be compensatory, restitution, punitive, or Quantum Meruit.
• Equitable Remedies; Also known as an ‘injunctive relief,’ equitable remedies is where the court either decides to cancel the contract automatically or compels the defaulter to fulfill the promise or perform the duty as agreed in the contract

To file a breach of contract petition in North Dakota;

• An applicant must be an adult; that is, such a person must be eighteen years old
• An applicant must consider the statute of limitation in North Dakota, which is six years on a breach of a written or oral contract in the State.
• An applicant must file with the appropriate court. A small claim is filed in the small claim court, which is a division of the district court. A small claim is not more than $15,000 in North Dakota.
• An applicant must make available all necessary documentation relevant to the case, including insurance certificate.
• An applicant can obtain a petition form at the office of the clerk of court and fill it appropriately.

What Defenses Can Be Used Against a Breach of Contract Claim in North Dakota?

Several defenses may be used against a breach of contract claim in North Dakota. Some of them include:

• Unforeseen circumstances, also known as Force Majeure
• Fraudulent Intentions
• Misrepresentation
• No Consideration
• Mistake in contract
• Impossible to perform
• Contract under duress

What are Property Disputes in North Dakota?

Property disputes typically involve disagreements about the rights to use, control, maintain, lease or rent, own or transfer real property. The Law makes provision for all kinds of properties, whether movable or immovable property. Property disputes may arise when the parties involved in the disagreement are ignorant of the Property Law or do not take adequate consideration of the law in the State of North Dakota. 

What Are Some Common Types of Property Disputes in North Dakota?

The common types of property disputes in North Dakota are;

• Utility Easement Dispute; This becomes a dispute when a property owner feels threatened by encroachment in the name of a public utility located nearby. An example is a water pipe.
• Zoning Dispute; This is a kind of dispute that disregards the absolute right of the owner to use the property as desired.
• Boundary Dispute; This disputes questions not only the boundary lines, but the fencing is also questioned.
• Landlord and Tenant Disputes; There is often a disagreement between a tenant and the landlord concerning whom to repair major or minor damage, when to vacate the apartment, and the consequences of decorating a rented apartment, Etc.
• Leasing Dispute
• Construction Dispute
• Sales and Purchase Dispute

How to Find Property Lines

Property lines are the structured demarcation that shows the beginning and the end of a person’s property. The lines are made to eradicate the disagreement that arises from trespassing. Property lines help give builders an idea of the ideal structure on the land or the extent to which a landowner can grow trees or plant flowers. A property owner must find the property lines before new construction is carried out on the land, or a tree is planted, or a garden is created. The Property line may be found in the property’s deed or the survey. Property owners may also contact the County’s director of equalization or check with the State’s Board of Equalization.

How do I Find a Property Dispute Lawyer Near me?

Interested parties may be able to find a North Dakota lawyer by checking with the State Bar Association of North Dakota. Clicking on the ‘Find A Lawyer’ will take you to the Lawyer Referral Service, the Volunteer Lawyer Program where there is a possibility of getting a lawyer to take a person’s case as a pro bono and Lawyers Directory.