Issue: Under North Dakota law, what is the statute of limitations for the exercise of an option to purchase real estate?
| Area of Law: | Litigation & Procedure, Real Estate Law |
| Keywords: | Statute of limitations; Exercise of options; Purchase real estate |
| Jurisdiction: | North Dakota |
| Cited Cases: | 916 F.2d 441; 529 N.W.2d 179 |
| Cited Statutes: | N.D. Cent. Code § 28-01-15, subd. 2, § 28-01-16, subd. 2 |
| Date: | 07/01/2001 |
Under North Dakota’s limitations scheme, the exercise of an option to purchase real estate should be treated as a conveyance or instrument affecting title to real property, subject to the ten-year limitations period. Compare N.D. Cent. Code § 28-01-15, subd. 2 (Michie 1991) to id. § 28-01-16, subd. 2 (providing a limitations period for “specific recovery” of personal property); see Huber v. Oliver County, 529 N.W.2d 179 (N.D. 1995) (contract granting county easement and required county to maintain the culvert was governed by 10-year statute of limitations for land contracts; dispute involved culvert maintenance). Cf. Ripplinger v. Amoco Oil Co., 916 F.2d 441 (8th Cir. 1990) (North Dakota case, federal statute of limitations; termination of franchise agreement triggered limitations period, despite later, form nonrenewal of lease).
[…]