TITLE 43OCCUPATIONS AND PROFESSIONSCHAPTER 43-01ABSTRACTERS43-01-01. Board - Definition. Whenever the word "board" is used in this chapter itmeans the abstracters' board of examiners.43-01-02.Abstracters' board of examiners - Appointment - Term of office -Vacancies. The abstracters' board of examiners shall consist of three members each of whom<br>must be appointed by the governor for a term of six years, with the terms of office so arranged<br>that one term and only one expires on March thirty-first of every odd-numbered year.Onemember of the board must be an abstracter. Each member of the board shall qualify by taking<br>the oath required of civil officers and holds office until that member's successor is appointed and<br>qualified. Any vacancy on the board must be filled by appointment by the governor for the<br>unexpired term.43-01-03. Officers of board - Power to administer oaths. At the first meeting of theboard subsequent to the thirty-first day of March in each odd-numbered year, the members of the<br>board shall elect a president and secretary-treasurer. The president must be a member of the<br>board. The secretary-treasurer may not be a member of the board but must be a practical<br>abstracter engaged in the business of making abstracts of title to real estate. The president and<br>secretary-treasurer may administer oaths.43-01-04. Compensation. A member of the board is entitled to receive compensation inan amount fixed by the board for each day or portion of a day the member is actually engaged in<br>the performance of official duties and such mileage reimbursement as is provided for in section<br>54-06-09. In addition thereto, the member is entitled to reimbursement for actual and necessary<br>expenses in the amounts provided by law for state officers in section 44-08-04.All fundscollected or received by the board must be deposited and disbursed in accordance with section<br>54-44-12.43-01-05. Duties of board - Power to make rules - Seal. The board shall carry out thepurposes and enforce the provisions of this chapter and shall make such rules and regulations as<br>are necessary for the performance of its duties. The board shall have a seal.43-01-06. Biennial report. The board may submit a biennial report to the governor andthe secretary of state in accordance with section 54-06-04.43-01-07. Moneys of board - How disbursed. Moneys collected for the board underthis chapter must be kept by the secretary-treasurer and disbursed only on warrants signed by<br>the president and the secretary-treasurer. All expenses incident to the examinations required<br>under this chapter, the expenses of preparing and issuing certificates and licenses, the<br>reimbursement of board members' expenses, and stationery, printing, clerk hire, and incidental<br>office expenses must be paid by the board from the fees collected by it, and no expense incurred<br>under this chapter may be a charge against the funds of this state.No part of the fundsadministered by the board revert to the general fund of this state. At the end of the person's<br>term, the secretary-treasurer shall account to the person's successor for any moneys remaining<br>in the person's hands.43-01-08. Records of board. The board shall keep a register wherein it shall enter thename of each applicant for registration under the provisions of this chapter, with the applicant's<br>place of residence and such other information as may be appropriate, and the board shall cause<br>to be entered therein the action taken upon the application and the date upon which a certificate<br>of registration was issued or the application denied.Page No. 143-01-09. Requirements of abstracter of title - Records - Certificate of registrationbond or liability policy. Before any person, firm, corporation, or limited liability company may<br>engage in the business of making and compiling abstracts of title to real estate within this state,<br>the person or it shall:1.Have and maintain in such business a complete tract index and all instruments of<br>record in the office of the recorder in and for the county in which the person or it is<br>engaged in business, or shall have been engaged in good faith in the preparation of<br>such records for not less than six months;2.Obtain a certificate of authority as is required by this chapter;3.File the bond or abstracter's liability policy required under section 43-01-11; and4.Have in charge of such business a registered abstracter, as defined by this chapter.43-01-10. Certificate of registration - Application - Examination - Fee. Any person,firm, corporation, or limited liability company desiring to obtain a certificate of authority under<br>subsection 2 of section 43-01-09 shall make application therefor to the board and shall pay to the<br>secretary-treasurer thereof an examination fee not exceeding the actual cost of the applicant's<br>examination by the board. The application must be upon a form prepared by the board and must<br>contain such information as may be desired by it. The board shall fix the date and place for the<br>examination of the applicant and shall give the applicant notice thereof by mail. The applicant<br>shall appear at the time and place specified in the notice, and the board shall examine the<br>applicant under such rules as it may prescribe. If the application is made by a firm, corporation,<br>or limited liability company, one of the members, officers, or managers thereof shall take the<br>examination.1.Registered abstracters, within the meaning of the chapter, shall comprise all persons<br>who shall, upon the passage of this chapter, be in charge, either individually or jointly<br>with other persons, of the abstract office which is the holder of a valid and subsisting<br>certificate of authority as provided by this chapter and who shall obtain a certificate<br>of registration as hereinafter provided, or persons who shall be granted certificates of<br>registration by the board after passage of this chapter.2.Any person desiring to obtain a certificate of registration under this chapter shall<br>make application to the board and shall pay to the secretary-treasurer of the board<br>an examination fee fixed by the board not exceeding one hundred dollars except as<br>hereinafter provided. Such application must be upon a form to be prepared by the<br>board and to contain such information as may be desired by it. Thereupon the board<br>shall fix a date and place for the examination of such applicant, of which notice must<br>be given to applicant by mail, who shall appear at such meeting. Whereupon the<br>board shall proceed to examine such applicant or applicants under such rules as<br>may be adopted by the board.3.Any person, who, on July 1, 1953, is in charge, either individually or jointly with other<br>persons, of an abstract office which is the holder of a valid and subsisting certificate<br>of authority provided by subsection 2 of section 43-01-09 and who shall make<br>application to the board prior to the expiration of said certificate of authority shall<br>upon the payment of a fee fixed by the board not exceeding one hundred dollars be<br>issued a certificate of registration, without examination, under such rules as may be<br>provided by said board.4.The certificate of registration issued by the board must recite that the holder has<br>complied with this chapter relating to examination or otherwise, and entitles the<br>holder of the certificate of registration to take charge of any abstract office in any<br>county in this state holding a certificate of authority under this chapter. Certificates<br>of registration must be issued upon the payment of a fee fixed by the board not<br>exceeding one hundred dollars and are valid for one year from the date of issuancePage No. 2but must be renewed annually by the board upon application within thirty days<br>before the expiration of the registration upon a payment of a fee fixed by the board<br>not exceeding one hundred dollars to the secretary-treasurer of the board.Theboard may issue temporary certificates of registration in its discretion.AfterAugust 1, 1993, an applicant for renewal of a registration shall include with the<br>application a report of any continuing education courses attended by the applicant<br>during the previous year. The board shall adopt rules to establish and administer<br>continuing education requirements.5.Said board shall keep a register, wherein it shall enter the names of all applications<br>for registration, and for certificates of authority, with their place of business and such<br>other information as may be deemed appropriate, including the action taken by said<br>board thereon, and the dates upon which certificates of registration and certificates<br>of authority are issued.43-01-10.1. Conviction not bar to certification - Exceptions. Conviction of an offenseshall not disqualify a person, firm, corporation, or limited liability company from certification under<br>this chapter unless the board determines that the offense has a direct bearing upon a person's<br>ability to serve the public as an abstracter or that, following conviction of an offense, the person is<br>not sufficiently rehabilitated under section 12.1-33-02.1.43-01-11. Bonds or liability policy - Deductible policy permitted. Before a certificateof authority may be issued, the applicant therefor shall file with the secretary-treasurer of the<br>board a surety bond in favor of the state, or an abstracter's liability policy to be approved by the<br>board as to form, sufficiency, and surety thereof and written by a company authorized to write<br>such insurance in this state, in a penal sum or limit of liability equal to ten thousand dollars for<br>each ten thousand inhabitants, or major fraction thereof, residing in the county in which the<br>applicant's office is maintained, as shown by the last official federal or state census preceding the<br>filing of the bond or abstracter's liability policy.Such bond, or abstracter's liability policy,however, may not be less than one hundred thousand dollars. The bond or liability policy must<br>be conditioned for the payment by the abstracter of any liability imposed upon the abstracter by<br>law for damages arising from any claim against the abstracter that may be sustained by or that<br>accrues to any person by reason or on account of any negligent act, error, or omission in any<br>abstract or certificate of title, or continuation thereof, made and issued by the abstracter. All<br>surety bonds, liability policies, and evidence of annual renewal of the bonds and policies must be<br>filed with the secretary-treasurer of the board. All abstracters' liability policies must be endorsed<br>to provide that cancellation cannot be effected by either the abstracter or the insurance company<br>without ten days' written notice to the abstracters' board of examiners. It is permissible under this<br>section to file an abstracter's liability policy in the deductible form, provided that the deductible<br>provision may not exceed ten thousand dollars.43-01-12. Board may require additional security on abstracter's bond. The board,upon thirty days' notice, may require any person, firm, corporation, or limited liability company<br>holding a certificate of authority to furnish additional bond or additional abstracter's liability<br>coverage as to the board seems proper, and to show cause why any bond or abstracters' liability<br>policy filed with it should not be held and declared insufficient and invalid.43-01-13. Seal of abstracter. Any person, firm, corporation, or limited liability companyfurnishing abstracts of title to real property under the provisions of this chapter shall have a seal<br>which has stamped on it the name and location of such person, firm, corporation, or limited<br>liability company. An impression of the seal shall be deposited with the secretary-treasurer of the<br>board before the certificate of registration is issued. The seal shall be affixed to every abstract or<br>certificate of title issued by such person, firm, corporation, or limited liability company.43-01-14. Certification of authority - Fee - Renewal. A certificate of authority must beissued to an applicant who successfully passes the examination of the board and complies with<br>the other provisions of this chapter, upon the payment of the registration fee fixed by the board<br>not exceeding one hundred dollars, which must be in addition to the examination fee.Acertificate is valid for five years after the date thereof. A certificate must be renewed by the boardPage No. 3upon application, made within thirty days prior to the expiration date, accompanied by payment of<br>a fee fixed by the board not exceeding one hundred dollars and an affidavit that the applicant has<br>and maintains in the applicant's business a complete tract index and all instruments of record in<br>the office of the recorder in and for the county in which the applicant has the applicant's place of<br>business or has been engaged in good faith in the preparation of such records for not less than<br>six months.43-01-15.Authority and duty of abstracter under certificate.The certificate ofauthority shall authorize the person, firm, corporation, or limited liability company named therein<br>to engage in and carry on the business of an abstracter of real estate titles in the county in which<br>the abstracter's place of business is located and for that purpose to have access during ordinary<br>office hours to the offices of any county or of the state and to make such memoranda or<br>notations from the records thereof as may be necessary for the purpose of making such<br>abstracts of title. Any person, firm, corporation, or limited liability company holding a certificate<br>shall furnish or continue an abstract of title to any tract of land in the county, when requested to<br>do so, on payment of the fees provided in this chapter.43-01-15.1. Surface abstracts and mineral abstracts to be furnished upon request -Zoning and subdivision exclusion upon request. An abstracter shall furnish an abstract of<br>title to the surface of any tract of land, when requested to do so, omitting therefrom all<br>instruments of transfer or conveyance of mineral rights, royalties, and other mineral interests<br>except instruments which sever mineral rights or royalties from surface rights. In addition to such<br>surface abstract, an abstracter shall, when requested to do so, furnish a list showing the names<br>of the grantor and grantee and the recording data of all instruments in the chains of title which<br>transfer or convey mineral rights, royalties, or other mineral interests and which are not included<br>in the surface abstract. For each instrument searched and listed, but not included in the surface<br>abstract, an abstracter may charge a fee of one dollar and fifty cents, and no more. When<br>requested to do so, an abstracter shall furnish a mineral abstract of any chain of title to the<br>minerals of any tract of land which shall consist of the instrument severing the mineral rights or<br>royalties from the surface rights and include all instruments of transfer or conveyance of mineral<br>rights, royalties, and other mineral interests.If requested, such mineral abstract may becombined with a surface abstract of all instruments affecting title to the tract of land to and<br>including the instrument severing the mineral rights, royalties, or other mineral interests being<br>abstracted. Further, when requested to do so, an abstracter shall omit zoning and subdivision<br>ordinances but shall note and exclude them from the abstract of title. An abstracter may charge<br>a per entry fee under section 43-01-18 for each omitted zoning and subdivision ordinance.43-01-16. Cancellation or denial of certificate - Discipline. The board, after receivinga written and signed complaint alleging a violation of any ground for discipline under this section<br>and upon thirty days' notice, may require any person, firm, corporation, or limited liability<br>company holding a certificate of authority, or any person holding a certificate as a registered<br>abstracter, to show cause why the same should not be canceled or other disciplinary measures<br>taken.The board may deny an application for a certificate of authority or a certificate ofregistration for any reason that a certificate of authority or a certificate of registration may be<br>canceled or disciplinary measures taken. A certificate of authority or certificate of registration<br>may be canceled or disciplinary measures taken, however, only for one or more of the following<br>reasons:1.Violation of the provisions of this chapter or the board's administrative rules by the<br>holder.2.If the holder thereof has been convicted of an offense determined by the board to<br>have a direct bearing upon the holder's ability to serve the public as an abstracter, or<br>if, following conviction of an offense, the board finds the holder is not sufficiently<br>rehabilitated under section 12.1-33-02.1.3.A finding by the board that the holder is guilty of habitual carelessness, inattention to<br>business or unreasonable timeliness of service, or intoxication or the use of drugs toPage No. 4such an extent as to incapacitate the holder for business, including not preparing an<br>abstract as requested under section 43-01-15.1.4.A finding by the board that the holder is guilty of fraudulent practices.5.A certificate of authority may be canceled, or other disciplinary measures taken,<br>upon the failure of the holder thereof to provide additional security as provided by<br>section 43-01-12, or upon failure to file an abstracter's liability policy in lieu of any<br>canceled policy, before such cancellation becomes effective, or a surety bond in<br>place thereof.The board may inspect an abstracter's records to determine compliance with this chapter or rules<br>adopted under this chapter.The board may adopt rules under chapter 28-32 addressingdiscipline of abstracters, including establishing standards for timeliness of service based on a<br>presumed standard turnaround time of three weeks or less. If the certificate of authority is held<br>by a firm, corporation, or limited liability company, the provisions of this section shall be<br>applicable to the members, officers, or managers thereof. Disciplinary measures that the board<br>may take include canceling or suspending a certificate of authority or certificate of registration,<br>requiring additional education, establishing a mentor or monitor, restricting practice parameters,<br>or imposing a monetary penalty of no greater than five hundred dollars for each violation. In<br>addition, an individual or organization found in violation of the requirements of this section may<br>be assessed costs, including attorney's fees, by the board.An entity whose certificate ofauthority has been canceled or suspended must surrender all customer abstracts and pending<br>orders to the board immediately upon being notified of the cancellation or suspension. The board<br>shall take reasonable measures to contact the customers.43-01-17. Appeal from cancellation of certificate. Upon the denial of an applicationfor a certificate of authority, or an applicant for a certificate of registered abstracter, or upon the<br>cancellation of either a certificate of authority or a certificate of registered abstracter, the<br>applicant or the holder thereof may appeal from the decision of the board to the district court.<br>Such appeal must be taken by the service upon the secretary-treasurer of the board, within thirty<br>days after notice of the decision has been served, of a notice of appeal and an appeal bond in<br>the sum of two hundred fifty dollars. The appeal must come on for hearing at the next regular<br>term of the district court in the county in which the applicant or certificate holder has a place of<br>business or residence within the state of North Dakota.43-01-18. Fees chargeable by abstracter. An abstracter may charge no more than thefollowing fees for making and certifying to an abstract:1.For each entry on an abstract or continuation of an entry on an abstract, ten dollars.2.For a complete certification covering the records of the several county offices, one<br>hundred dollars.3.For a certification covering lands in excess of one quarter section [64.75 hectares] in<br>the same abstract of title and for each quarter section [64.75 hectares] or portion of<br>a quarter section in excess of one, an additional fee of ten dollars.4.For a certification covering premises in more than one block in any subdivision in the<br>same abstract of title and for the premises in each additional block in excess of one,<br>an additional fee of ten dollars.5.For each name searched for judgments, real estate taxes, bankruptcy proceedings,<br>federal tax liens, and state tax liens, five dollars and fees charged to the abstracter<br>by a governmental agency or governmental entity.6.The fees as may be fixed by special statute.Page No. 543-01-19. County officers may certify abstracts. This chapter does not prevent therecorder, county treasurer, or clerk of court from certifying to abstracts of title to lands from the<br>records of their respective offices. Each officer, however, is liable on the officer's official bond for<br>the faithful performance of all acts performed by the officer as the abstracter.If the officercertifying the abstract is the clerk of court, the clerk shall charge and collect a fee as prescribed in<br>section 27-05.2-03.43-01-20. Penalty. Any person making, compiling, or certifying to an abstract of title toreal property in this state without first having complied with the provisions of this chapter is guilty<br>of a class B misdemeanor.43-01-21. Abstract prima facie evidence of title - When recorded. If the records ofdeeds, mortgages, liens, judgments, and instruments of like nature in any county have been lost<br>or destroyed, the abstract prepared by a regularly bonded abstracter of said county must be<br>deemed prima facie evidence of title, and such regularly certified abstract of title may be<br>recorded as other instruments are recorded.43-01-22. Abstract prepared by regularly bonded abstracter is evidence. Abstractsprepared by an official abstracter must be received as evidence in all courts and are prima facie<br>evidence in all courts and places of the facts stated therein.43-01-23. Temporary authority of an abstracter to act in an additional county.1.If it appears to the board that there is no abstracter authorized to engage in and<br>carry on the business of an abstracter of real estate titles in a county or that there is<br>an authorized abstracter in a county who is unable to perform the duties of an<br>abstracter due to death, disability, a disaster or emergency, or disciplinary action,<br>the board may authorize an individual or organization having a certificate of authority<br>and certificate of registration to operate in another county to operate in the county<br>having no abstracter through the issuance of a temporary certificate of authority.<br>The board may not charge an abstracter for the temporary certificate of authority.<br>The board may require additional security than provided under section 43-01-11.<br>The abstracter operating under the temporary certificate of authority is not required<br>to have a complete tract index and all instruments of record in the office of the<br>recorder in and for the county in which the abstracter is temporarily engaged in<br>business, nor need the abstracter have been engaged in the preparation of such<br>records. The temporary certificate of authority may not exceed such time as the<br>board has determined an abstracter having a regular certificate of authority and<br>certificate of registration is able to engage in and carry on the business of an<br>abstracter of real estate titles in the county, but the abstracter holding the temporary<br>certificate of authority may complete any work already engaged. The abstracter<br>having a temporary certificate of authority may seek to operate in the county on a<br>regular basis through compliance with all statutory requirements.2.The board may establish a fund to provide for additional expenses of an abstracter<br>operating under a temporary certificate of authority. The fund may be paid for by an<br>additional fee fixed by the board of no more than fifty dollars per year for each<br>certificate of registration.The fund may not exceed five thousand dollars.Theboard may pay the expenses, including mileage, meals, and lodging, of an<br>abstracter operating under a temporary certificate of authority at the rates<br>established for state employees on official business.43-01-24. Utility easement documentation abstracts upon request. Upon request,an abstracter shall furnish an abstract to title to the surface of any tract of land omitting<br>documents that affect utility easements, except for the initial document severing the interest from<br>the surface and a document limiting, modifying, or releasing the interest. In addition and upon<br>request, an abstracter shall furnish a list showing the names of the grantor and grantee and the<br>recording data of all related documents pertaining to a utility easement which are not included inPage No. 6the surface abstract. For each instrument searched and listed, but not included in the surface<br>abstract, an abstracter may charge a fee of up to one dollar and fifty cents.Page No. 7Document Outlinechapter 43-01 abstracters
TITLE 43OCCUPATIONS AND PROFESSIONSCHAPTER 43-01ABSTRACTERS43-01-01. Board - Definition. Whenever the word "board" is used in this chapter itmeans the abstracters' board of examiners.43-01-02.Abstracters' board of examiners - Appointment - Term of office -Vacancies. The abstracters' board of examiners shall consist of three members each of whom<br>must be appointed by the governor for a term of six years, with the terms of office so arranged<br>that one term and only one expires on March thirty-first of every odd-numbered year.Onemember of the board must be an abstracter. Each member of the board shall qualify by taking<br>the oath required of civil officers and holds office until that member's successor is appointed and<br>qualified. Any vacancy on the board must be filled by appointment by the governor for the<br>unexpired term.43-01-03. Officers of board - Power to administer oaths. At the first meeting of theboard subsequent to the thirty-first day of March in each odd-numbered year, the members of the<br>board shall elect a president and secretary-treasurer. The president must be a member of the<br>board. The secretary-treasurer may not be a member of the board but must be a practical<br>abstracter engaged in the business of making abstracts of title to real estate. The president and<br>secretary-treasurer may administer oaths.43-01-04. Compensation. A member of the board is entitled to receive compensation inan amount fixed by the board for each day or portion of a day the member is actually engaged in<br>the performance of official duties and such mileage reimbursement as is provided for in section<br>54-06-09. In addition thereto, the member is entitled to reimbursement for actual and necessary<br>expenses in the amounts provided by law for state officers in section 44-08-04.All fundscollected or received by the board must be deposited and disbursed in accordance with section<br>54-44-12.43-01-05. Duties of board - Power to make rules - Seal. The board shall carry out thepurposes and enforce the provisions of this chapter and shall make such rules and regulations as<br>are necessary for the performance of its duties. The board shall have a seal.43-01-06. Biennial report. The board may submit a biennial report to the governor andthe secretary of state in accordance with section 54-06-04.43-01-07. Moneys of board - How disbursed. Moneys collected for the board underthis chapter must be kept by the secretary-treasurer and disbursed only on warrants signed by<br>the president and the secretary-treasurer. All expenses incident to the examinations required<br>under this chapter, the expenses of preparing and issuing certificates and licenses, the<br>reimbursement of board members' expenses, and stationery, printing, clerk hire, and incidental<br>office expenses must be paid by the board from the fees collected by it, and no expense incurred<br>under this chapter may be a charge against the funds of this state.No part of the fundsadministered by the board revert to the general fund of this state. At the end of the person's<br>term, the secretary-treasurer shall account to the person's successor for any moneys remaining<br>in the person's hands.43-01-08. Records of board. The board shall keep a register wherein it shall enter thename of each applicant for registration under the provisions of this chapter, with the applicant's<br>place of residence and such other information as may be appropriate, and the board shall cause<br>to be entered therein the action taken upon the application and the date upon which a certificate<br>of registration was issued or the application denied.Page No. 143-01-09. Requirements of abstracter of title - Records - Certificate of registrationbond or liability policy. Before any person, firm, corporation, or limited liability company may<br>engage in the business of making and compiling abstracts of title to real estate within this state,<br>the person or it shall:1.Have and maintain in such business a complete tract index and all instruments of<br>record in the office of the recorder in and for the county in which the person or it is<br>engaged in business, or shall have been engaged in good faith in the preparation of<br>such records for not less than six months;2.Obtain a certificate of authority as is required by this chapter;3.File the bond or abstracter's liability policy required under section 43-01-11; and4.Have in charge of such business a registered abstracter, as defined by this chapter.43-01-10. Certificate of registration - Application - Examination - Fee. Any person,firm, corporation, or limited liability company desiring to obtain a certificate of authority under<br>subsection 2 of section 43-01-09 shall make application therefor to the board and shall pay to the<br>secretary-treasurer thereof an examination fee not exceeding the actual cost of the applicant's<br>examination by the board. The application must be upon a form prepared by the board and must<br>contain such information as may be desired by it. The board shall fix the date and place for the<br>examination of the applicant and shall give the applicant notice thereof by mail. The applicant<br>shall appear at the time and place specified in the notice, and the board shall examine the<br>applicant under such rules as it may prescribe. If the application is made by a firm, corporation,<br>or limited liability company, one of the members, officers, or managers thereof shall take the<br>examination.1.Registered abstracters, within the meaning of the chapter, shall comprise all persons<br>who shall, upon the passage of this chapter, be in charge, either individually or jointly<br>with other persons, of the abstract office which is the holder of a valid and subsisting<br>certificate of authority as provided by this chapter and who shall obtain a certificate<br>of registration as hereinafter provided, or persons who shall be granted certificates of<br>registration by the board after passage of this chapter.2.Any person desiring to obtain a certificate of registration under this chapter shall<br>make application to the board and shall pay to the secretary-treasurer of the board<br>an examination fee fixed by the board not exceeding one hundred dollars except as<br>hereinafter provided. Such application must be upon a form to be prepared by the<br>board and to contain such information as may be desired by it. Thereupon the board<br>shall fix a date and place for the examination of such applicant, of which notice must<br>be given to applicant by mail, who shall appear at such meeting. Whereupon the<br>board shall proceed to examine such applicant or applicants under such rules as<br>may be adopted by the board.3.Any person, who, on July 1, 1953, is in charge, either individually or jointly with other<br>persons, of an abstract office which is the holder of a valid and subsisting certificate<br>of authority provided by subsection 2 of section 43-01-09 and who shall make<br>application to the board prior to the expiration of said certificate of authority shall<br>upon the payment of a fee fixed by the board not exceeding one hundred dollars be<br>issued a certificate of registration, without examination, under such rules as may be<br>provided by said board.4.The certificate of registration issued by the board must recite that the holder has<br>complied with this chapter relating to examination or otherwise, and entitles the<br>holder of the certificate of registration to take charge of any abstract office in any<br>county in this state holding a certificate of authority under this chapter. Certificates<br>of registration must be issued upon the payment of a fee fixed by the board not<br>exceeding one hundred dollars and are valid for one year from the date of issuancePage No. 2but must be renewed annually by the board upon application within thirty days<br>before the expiration of the registration upon a payment of a fee fixed by the board<br>not exceeding one hundred dollars to the secretary-treasurer of the board.Theboard may issue temporary certificates of registration in its discretion.AfterAugust 1, 1993, an applicant for renewal of a registration shall include with the<br>application a report of any continuing education courses attended by the applicant<br>during the previous year. The board shall adopt rules to establish and administer<br>continuing education requirements.5.Said board shall keep a register, wherein it shall enter the names of all applications<br>for registration, and for certificates of authority, with their place of business and such<br>other information as may be deemed appropriate, including the action taken by said<br>board thereon, and the dates upon which certificates of registration and certificates<br>of authority are issued.43-01-10.1. Conviction not bar to certification - Exceptions. Conviction of an offenseshall not disqualify a person, firm, corporation, or limited liability company from certification under<br>this chapter unless the board determines that the offense has a direct bearing upon a person's<br>ability to serve the public as an abstracter or that, following conviction of an offense, the person is<br>not sufficiently rehabilitated under section 12.1-33-02.1.43-01-11. Bonds or liability policy - Deductible policy permitted. Before a certificateof authority may be issued, the applicant therefor shall file with the secretary-treasurer of the<br>board a surety bond in favor of the state, or an abstracter's liability policy to be approved by the<br>board as to form, sufficiency, and surety thereof and written by a company authorized to write<br>such insurance in this state, in a penal sum or limit of liability equal to ten thousand dollars for<br>each ten thousand inhabitants, or major fraction thereof, residing in the county in which the<br>applicant's office is maintained, as shown by the last official federal or state census preceding the<br>filing of the bond or abstracter's liability policy.Such bond, or abstracter's liability policy,however, may not be less than one hundred thousand dollars. The bond or liability policy must<br>be conditioned for the payment by the abstracter of any liability imposed upon the abstracter by<br>law for damages arising from any claim against the abstracter that may be sustained by or that<br>accrues to any person by reason or on account of any negligent act, error, or omission in any<br>abstract or certificate of title, or continuation thereof, made and issued by the abstracter. All<br>surety bonds, liability policies, and evidence of annual renewal of the bonds and policies must be<br>filed with the secretary-treasurer of the board. All abstracters' liability policies must be endorsed<br>to provide that cancellation cannot be effected by either the abstracter or the insurance company<br>without ten days' written notice to the abstracters' board of examiners. It is permissible under this<br>section to file an abstracter's liability policy in the deductible form, provided that the deductible<br>provision may not exceed ten thousand dollars.43-01-12. Board may require additional security on abstracter's bond. The board,upon thirty days' notice, may require any person, firm, corporation, or limited liability company<br>holding a certificate of authority to furnish additional bond or additional abstracter's liability<br>coverage as to the board seems proper, and to show cause why any bond or abstracters' liability<br>policy filed with it should not be held and declared insufficient and invalid.43-01-13. Seal of abstracter. Any person, firm, corporation, or limited liability companyfurnishing abstracts of title to real property under the provisions of this chapter shall have a seal<br>which has stamped on it the name and location of such person, firm, corporation, or limited<br>liability company. An impression of the seal shall be deposited with the secretary-treasurer of the<br>board before the certificate of registration is issued. The seal shall be affixed to every abstract or<br>certificate of title issued by such person, firm, corporation, or limited liability company.43-01-14. Certification of authority - Fee - Renewal. A certificate of authority must beissued to an applicant who successfully passes the examination of the board and complies with<br>the other provisions of this chapter, upon the payment of the registration fee fixed by the board<br>not exceeding one hundred dollars, which must be in addition to the examination fee.Acertificate is valid for five years after the date thereof. A certificate must be renewed by the boardPage No. 3upon application, made within thirty days prior to the expiration date, accompanied by payment of<br>a fee fixed by the board not exceeding one hundred dollars and an affidavit that the applicant has<br>and maintains in the applicant's business a complete tract index and all instruments of record in<br>the office of the recorder in and for the county in which the applicant has the applicant's place of<br>business or has been engaged in good faith in the preparation of such records for not less than<br>six months.43-01-15.Authority and duty of abstracter under certificate.The certificate ofauthority shall authorize the person, firm, corporation, or limited liability company named therein<br>to engage in and carry on the business of an abstracter of real estate titles in the county in which<br>the abstracter's place of business is located and for that purpose to have access during ordinary<br>office hours to the offices of any county or of the state and to make such memoranda or<br>notations from the records thereof as may be necessary for the purpose of making such<br>abstracts of title. Any person, firm, corporation, or limited liability company holding a certificate<br>shall furnish or continue an abstract of title to any tract of land in the county, when requested to<br>do so, on payment of the fees provided in this chapter.43-01-15.1. Surface abstracts and mineral abstracts to be furnished upon request -Zoning and subdivision exclusion upon request. An abstracter shall furnish an abstract of<br>title to the surface of any tract of land, when requested to do so, omitting therefrom all<br>instruments of transfer or conveyance of mineral rights, royalties, and other mineral interests<br>except instruments which sever mineral rights or royalties from surface rights. In addition to such<br>surface abstract, an abstracter shall, when requested to do so, furnish a list showing the names<br>of the grantor and grantee and the recording data of all instruments in the chains of title which<br>transfer or convey mineral rights, royalties, or other mineral interests and which are not included<br>in the surface abstract. For each instrument searched and listed, but not included in the surface<br>abstract, an abstracter may charge a fee of one dollar and fifty cents, and no more. When<br>requested to do so, an abstracter shall furnish a mineral abstract of any chain of title to the<br>minerals of any tract of land which shall consist of the instrument severing the mineral rights or<br>royalties from the surface rights and include all instruments of transfer or conveyance of mineral<br>rights, royalties, and other mineral interests.If requested, such mineral abstract may becombined with a surface abstract of all instruments affecting title to the tract of land to and<br>including the instrument severing the mineral rights, royalties, or other mineral interests being<br>abstracted. Further, when requested to do so, an abstracter shall omit zoning and subdivision<br>ordinances but shall note and exclude them from the abstract of title. An abstracter may charge<br>a per entry fee under section 43-01-18 for each omitted zoning and subdivision ordinance.43-01-16. Cancellation or denial of certificate - Discipline. The board, after receivinga written and signed complaint alleging a violation of any ground for discipline under this section<br>and upon thirty days' notice, may require any person, firm, corporation, or limited liability<br>company holding a certificate of authority, or any person holding a certificate as a registered<br>abstracter, to show cause why the same should not be canceled or other disciplinary measures<br>taken.The board may deny an application for a certificate of authority or a certificate ofregistration for any reason that a certificate of authority or a certificate of registration may be<br>canceled or disciplinary measures taken. A certificate of authority or certificate of registration<br>may be canceled or disciplinary measures taken, however, only for one or more of the following<br>reasons:1.Violation of the provisions of this chapter or the board's administrative rules by the<br>holder.2.If the holder thereof has been convicted of an offense determined by the board to<br>have a direct bearing upon the holder's ability to serve the public as an abstracter, or<br>if, following conviction of an offense, the board finds the holder is not sufficiently<br>rehabilitated under section 12.1-33-02.1.3.A finding by the board that the holder is guilty of habitual carelessness, inattention to<br>business or unreasonable timeliness of service, or intoxication or the use of drugs toPage No. 4such an extent as to incapacitate the holder for business, including not preparing an<br>abstract as requested under section 43-01-15.1.4.A finding by the board that the holder is guilty of fraudulent practices.5.A certificate of authority may be canceled, or other disciplinary measures taken,<br>upon the failure of the holder thereof to provide additional security as provided by<br>section 43-01-12, or upon failure to file an abstracter's liability policy in lieu of any<br>canceled policy, before such cancellation becomes effective, or a surety bond in<br>place thereof.The board may inspect an abstracter's records to determine compliance with this chapter or rules<br>adopted under this chapter.The board may adopt rules under chapter 28-32 addressingdiscipline of abstracters, including establishing standards for timeliness of service based on a<br>presumed standard turnaround time of three weeks or less. If the certificate of authority is held<br>by a firm, corporation, or limited liability company, the provisions of this section shall be<br>applicable to the members, officers, or managers thereof. Disciplinary measures that the board<br>may take include canceling or suspending a certificate of authority or certificate of registration,<br>requiring additional education, establishing a mentor or monitor, restricting practice parameters,<br>or imposing a monetary penalty of no greater than five hundred dollars for each violation. In<br>addition, an individual or organization found in violation of the requirements of this section may<br>be assessed costs, including attorney's fees, by the board.An entity whose certificate ofauthority has been canceled or suspended must surrender all customer abstracts and pending<br>orders to the board immediately upon being notified of the cancellation or suspension. The board<br>shall take reasonable measures to contact the customers.43-01-17. Appeal from cancellation of certificate. Upon the denial of an applicationfor a certificate of authority, or an applicant for a certificate of registered abstracter, or upon the<br>cancellation of either a certificate of authority or a certificate of registered abstracter, the<br>applicant or the holder thereof may appeal from the decision of the board to the district court.<br>Such appeal must be taken by the service upon the secretary-treasurer of the board, within thirty<br>days after notice of the decision has been served, of a notice of appeal and an appeal bond in<br>the sum of two hundred fifty dollars. The appeal must come on for hearing at the next regular<br>term of the district court in the county in which the applicant or certificate holder has a place of<br>business or residence within the state of North Dakota.43-01-18. Fees chargeable by abstracter. An abstracter may charge no more than thefollowing fees for making and certifying to an abstract:1.For each entry on an abstract or continuation of an entry on an abstract, ten dollars.2.For a complete certification covering the records of the several county offices, one<br>hundred dollars.3.For a certification covering lands in excess of one quarter section [64.75 hectares] in<br>the same abstract of title and for each quarter section [64.75 hectares] or portion of<br>a quarter section in excess of one, an additional fee of ten dollars.4.For a certification covering premises in more than one block in any subdivision in the<br>same abstract of title and for the premises in each additional block in excess of one,<br>an additional fee of ten dollars.5.For each name searched for judgments, real estate taxes, bankruptcy proceedings,<br>federal tax liens, and state tax liens, five dollars and fees charged to the abstracter<br>by a governmental agency or governmental entity.6.The fees as may be fixed by special statute.Page No. 543-01-19. County officers may certify abstracts. This chapter does not prevent therecorder, county treasurer, or clerk of court from certifying to abstracts of title to lands from the<br>records of their respective offices. Each officer, however, is liable on the officer's official bond for<br>the faithful performance of all acts performed by the officer as the abstracter.If the officercertifying the abstract is the clerk of court, the clerk shall charge and collect a fee as prescribed in<br>section 27-05.2-03.43-01-20. Penalty. Any person making, compiling, or certifying to an abstract of title toreal property in this state without first having complied with the provisions of this chapter is guilty<br>of a class B misdemeanor.43-01-21. Abstract prima facie evidence of title - When recorded. If the records ofdeeds, mortgages, liens, judgments, and instruments of like nature in any county have been lost<br>or destroyed, the abstract prepared by a regularly bonded abstracter of said county must be<br>deemed prima facie evidence of title, and such regularly certified abstract of title may be<br>recorded as other instruments are recorded.43-01-22. Abstract prepared by regularly bonded abstracter is evidence. Abstractsprepared by an official abstracter must be received as evidence in all courts and are prima facie<br>evidence in all courts and places of the facts stated therein.43-01-23. Temporary authority of an abstracter to act in an additional county.1.If it appears to the board that there is no abstracter authorized to engage in and<br>carry on the business of an abstracter of real estate titles in a county or that there is<br>an authorized abstracter in a county who is unable to perform the duties of an<br>abstracter due to death, disability, a disaster or emergency, or disciplinary action,<br>the board may authorize an individual or organization having a certificate of authority<br>and certificate of registration to operate in another county to operate in the county<br>having no abstracter through the issuance of a temporary certificate of authority.<br>The board may not charge an abstracter for the temporary certificate of authority.<br>The board may require additional security than provided under section 43-01-11.<br>The abstracter operating under the temporary certificate of authority is not required<br>to have a complete tract index and all instruments of record in the office of the<br>recorder in and for the county in which the abstracter is temporarily engaged in<br>business, nor need the abstracter have been engaged in the preparation of such<br>records. The temporary certificate of authority may not exceed such time as the<br>board has determined an abstracter having a regular certificate of authority and<br>certificate of registration is able to engage in and carry on the business of an<br>abstracter of real estate titles in the county, but the abstracter holding the temporary<br>certificate of authority may complete any work already engaged. The abstracter<br>having a temporary certificate of authority may seek to operate in the county on a<br>regular basis through compliance with all statutory requirements.2.The board may establish a fund to provide for additional expenses of an abstracter<br>operating under a temporary certificate of authority. The fund may be paid for by an<br>additional fee fixed by the board of no more than fifty dollars per year for each<br>certificate of registration.The fund may not exceed five thousand dollars.Theboard may pay the expenses, including mileage, meals, and lodging, of an<br>abstracter operating under a temporary certificate of authority at the rates<br>established for state employees on official business.43-01-24. Utility easement documentation abstracts upon request. Upon request,an abstracter shall furnish an abstract to title to the surface of any tract of land omitting<br>documents that affect utility easements, except for the initial document severing the interest from<br>the surface and a document limiting, modifying, or releasing the interest. In addition and upon<br>request, an abstracter shall furnish a list showing the names of the grantor and grantee and the<br>recording data of all related documents pertaining to a utility easement which are not included inPage No. 6the surface abstract. For each instrument searched and listed, but not included in the surface<br>abstract, an abstracter may charge a fee of up to one dollar and fifty cents.Page No. 7Document Outlinechapter 43-01 abstracters
TITLE 43OCCUPATIONS AND PROFESSIONSCHAPTER 43-01ABSTRACTERS43-01-01. Board - Definition. Whenever the word "board" is used in this chapter itmeans the abstracters' board of examiners.43-01-02.Abstracters' board of examiners - Appointment - Term of office -Vacancies. The abstracters' board of examiners shall consist of three members each of whom<br>must be appointed by the governor for a term of six years, with the terms of office so arranged<br>that one term and only one expires on March thirty-first of every odd-numbered year.Onemember of the board must be an abstracter. Each member of the board shall qualify by taking<br>the oath required of civil officers and holds office until that member's successor is appointed and<br>qualified. Any vacancy on the board must be filled by appointment by the governor for the<br>unexpired term.43-01-03. Officers of board - Power to administer oaths. At the first meeting of theboard subsequent to the thirty-first day of March in each odd-numbered year, the members of the<br>board shall elect a president and secretary-treasurer. The president must be a member of the<br>board. The secretary-treasurer may not be a member of the board but must be a practical<br>abstracter engaged in the business of making abstracts of title to real estate. The president and<br>secretary-treasurer may administer oaths.43-01-04. Compensation. A member of the board is entitled to receive compensation inan amount fixed by the board for each day or portion of a day the member is actually engaged in<br>the performance of official duties and such mileage reimbursement as is provided for in section<br>54-06-09. In addition thereto, the member is entitled to reimbursement for actual and necessary<br>expenses in the amounts provided by law for state officers in section 44-08-04.All fundscollected or received by the board must be deposited and disbursed in accordance with section<br>54-44-12.43-01-05. Duties of board - Power to make rules - Seal. The board shall carry out thepurposes and enforce the provisions of this chapter and shall make such rules and regulations as<br>are necessary for the performance of its duties. The board shall have a seal.43-01-06. Biennial report. The board may submit a biennial report to the governor andthe secretary of state in accordance with section 54-06-04.43-01-07. Moneys of board - How disbursed. Moneys collected for the board underthis chapter must be kept by the secretary-treasurer and disbursed only on warrants signed by<br>the president and the secretary-treasurer. All expenses incident to the examinations required<br>under this chapter, the expenses of preparing and issuing certificates and licenses, the<br>reimbursement of board members' expenses, and stationery, printing, clerk hire, and incidental<br>office expenses must be paid by the board from the fees collected by it, and no expense incurred<br>under this chapter may be a charge against the funds of this state.No part of the fundsadministered by the board revert to the general fund of this state. At the end of the person's<br>term, the secretary-treasurer shall account to the person's successor for any moneys remaining<br>in the person's hands.43-01-08. Records of board. The board shall keep a register wherein it shall enter thename of each applicant for registration under the provisions of this chapter, with the applicant's<br>place of residence and such other information as may be appropriate, and the board shall cause<br>to be entered therein the action taken upon the application and the date upon which a certificate<br>of registration was issued or the application denied.Page No. 143-01-09. Requirements of abstracter of title - Records - Certificate of registrationbond or liability policy. Before any person, firm, corporation, or limited liability company may<br>engage in the business of making and compiling abstracts of title to real estate within this state,<br>the person or it shall:1.Have and maintain in such business a complete tract index and all instruments of<br>record in the office of the recorder in and for the county in which the person or it is<br>engaged in business, or shall have been engaged in good faith in the preparation of<br>such records for not less than six months;2.Obtain a certificate of authority as is required by this chapter;3.File the bond or abstracter's liability policy required under section 43-01-11; and4.Have in charge of such business a registered abstracter, as defined by this chapter.43-01-10. Certificate of registration - Application - Examination - Fee. Any person,firm, corporation, or limited liability company desiring to obtain a certificate of authority under<br>subsection 2 of section 43-01-09 shall make application therefor to the board and shall pay to the<br>secretary-treasurer thereof an examination fee not exceeding the actual cost of the applicant's<br>examination by the board. The application must be upon a form prepared by the board and must<br>contain such information as may be desired by it. The board shall fix the date and place for the<br>examination of the applicant and shall give the applicant notice thereof by mail. The applicant<br>shall appear at the time and place specified in the notice, and the board shall examine the<br>applicant under such rules as it may prescribe. If the application is made by a firm, corporation,<br>or limited liability company, one of the members, officers, or managers thereof shall take the<br>examination.1.Registered abstracters, within the meaning of the chapter, shall comprise all persons<br>who shall, upon the passage of this chapter, be in charge, either individually or jointly<br>with other persons, of the abstract office which is the holder of a valid and subsisting<br>certificate of authority as provided by this chapter and who shall obtain a certificate<br>of registration as hereinafter provided, or persons who shall be granted certificates of<br>registration by the board after passage of this chapter.2.Any person desiring to obtain a certificate of registration under this chapter shall<br>make application to the board and shall pay to the secretary-treasurer of the board<br>an examination fee fixed by the board not exceeding one hundred dollars except as<br>hereinafter provided. Such application must be upon a form to be prepared by the<br>board and to contain such information as may be desired by it. Thereupon the board<br>shall fix a date and place for the examination of such applicant, of which notice must<br>be given to applicant by mail, who shall appear at such meeting. Whereupon the<br>board shall proceed to examine such applicant or applicants under such rules as<br>may be adopted by the board.3.Any person, who, on July 1, 1953, is in charge, either individually or jointly with other<br>persons, of an abstract office which is the holder of a valid and subsisting certificate<br>of authority provided by subsection 2 of section 43-01-09 and who shall make<br>application to the board prior to the expiration of said certificate of authority shall<br>upon the payment of a fee fixed by the board not exceeding one hundred dollars be<br>issued a certificate of registration, without examination, under such rules as may be<br>provided by said board.4.The certificate of registration issued by the board must recite that the holder has<br>complied with this chapter relating to examination or otherwise, and entitles the<br>holder of the certificate of registration to take charge of any abstract office in any<br>county in this state holding a certificate of authority under this chapter. Certificates<br>of registration must be issued upon the payment of a fee fixed by the board not<br>exceeding one hundred dollars and are valid for one year from the date of issuancePage No. 2but must be renewed annually by the board upon application within thirty days<br>before the expiration of the registration upon a payment of a fee fixed by the board<br>not exceeding one hundred dollars to the secretary-treasurer of the board.Theboard may issue temporary certificates of registration in its discretion.AfterAugust 1, 1993, an applicant for renewal of a registration shall include with the<br>application a report of any continuing education courses attended by the applicant<br>during the previous year. The board shall adopt rules to establish and administer<br>continuing education requirements.5.Said board shall keep a register, wherein it shall enter the names of all applications<br>for registration, and for certificates of authority, with their place of business and such<br>other information as may be deemed appropriate, including the action taken by said<br>board thereon, and the dates upon which certificates of registration and certificates<br>of authority are issued.43-01-10.1. Conviction not bar to certification - Exceptions. Conviction of an offenseshall not disqualify a person, firm, corporation, or limited liability company from certification under<br>this chapter unless the board determines that the offense has a direct bearing upon a person's<br>ability to serve the public as an abstracter or that, following conviction of an offense, the person is<br>not sufficiently rehabilitated under section 12.1-33-02.1.43-01-11. Bonds or liability policy - Deductible policy permitted. Before a certificateof authority may be issued, the applicant therefor shall file with the secretary-treasurer of the<br>board a surety bond in favor of the state, or an abstracter's liability policy to be approved by the<br>board as to form, sufficiency, and surety thereof and written by a company authorized to write<br>such insurance in this state, in a penal sum or limit of liability equal to ten thousand dollars for<br>each ten thousand inhabitants, or major fraction thereof, residing in the county in which the<br>applicant's office is maintained, as shown by the last official federal or state census preceding the<br>filing of the bond or abstracter's liability policy.Such bond, or abstracter's liability policy,however, may not be less than one hundred thousand dollars. The bond or liability policy must<br>be conditioned for the payment by the abstracter of any liability imposed upon the abstracter by<br>law for damages arising from any claim against the abstracter that may be sustained by or that<br>accrues to any person by reason or on account of any negligent act, error, or omission in any<br>abstract or certificate of title, or continuation thereof, made and issued by the abstracter. All<br>surety bonds, liability policies, and evidence of annual renewal of the bonds and policies must be<br>filed with the secretary-treasurer of the board. All abstracters' liability policies must be endorsed<br>to provide that cancellation cannot be effected by either the abstracter or the insurance company<br>without ten days' written notice to the abstracters' board of examiners. It is permissible under this<br>section to file an abstracter's liability policy in the deductible form, provided that the deductible<br>provision may not exceed ten thousand dollars.43-01-12. Board may require additional security on abstracter's bond. The board,upon thirty days' notice, may require any person, firm, corporation, or limited liability company<br>holding a certificate of authority to furnish additional bond or additional abstracter's liability<br>coverage as to the board seems proper, and to show cause why any bond or abstracters' liability<br>policy filed with it should not be held and declared insufficient and invalid.43-01-13. Seal of abstracter. Any person, firm, corporation, or limited liability companyfurnishing abstracts of title to real property under the provisions of this chapter shall have a seal<br>which has stamped on it the name and location of such person, firm, corporation, or limited<br>liability company. An impression of the seal shall be deposited with the secretary-treasurer of the<br>board before the certificate of registration is issued. The seal shall be affixed to every abstract or<br>certificate of title issued by such person, firm, corporation, or limited liability company.43-01-14. Certification of authority - Fee - Renewal. A certificate of authority must beissued to an applicant who successfully passes the examination of the board and complies with<br>the other provisions of this chapter, upon the payment of the registration fee fixed by the board<br>not exceeding one hundred dollars, which must be in addition to the examination fee.Acertificate is valid for five years after the date thereof. A certificate must be renewed by the boardPage No. 3upon application, made within thirty days prior to the expiration date, accompanied by payment of<br>a fee fixed by the board not exceeding one hundred dollars and an affidavit that the applicant has<br>and maintains in the applicant's business a complete tract index and all instruments of record in<br>the office of the recorder in and for the county in which the applicant has the applicant's place of<br>business or has been engaged in good faith in the preparation of such records for not less than<br>six months.43-01-15.Authority and duty of abstracter under certificate.The certificate ofauthority shall authorize the person, firm, corporation, or limited liability company named therein<br>to engage in and carry on the business of an abstracter of real estate titles in the county in which<br>the abstracter's place of business is located and for that purpose to have access during ordinary<br>office hours to the offices of any county or of the state and to make such memoranda or<br>notations from the records thereof as may be necessary for the purpose of making such<br>abstracts of title. Any person, firm, corporation, or limited liability company holding a certificate<br>shall furnish or continue an abstract of title to any tract of land in the county, when requested to<br>do so, on payment of the fees provided in this chapter.43-01-15.1. Surface abstracts and mineral abstracts to be furnished upon request -Zoning and subdivision exclusion upon request. An abstracter shall furnish an abstract of<br>title to the surface of any tract of land, when requested to do so, omitting therefrom all<br>instruments of transfer or conveyance of mineral rights, royalties, and other mineral interests<br>except instruments which sever mineral rights or royalties from surface rights. In addition to such<br>surface abstract, an abstracter shall, when requested to do so, furnish a list showing the names<br>of the grantor and grantee and the recording data of all instruments in the chains of title which<br>transfer or convey mineral rights, royalties, or other mineral interests and which are not included<br>in the surface abstract. For each instrument searched and listed, but not included in the surface<br>abstract, an abstracter may charge a fee of one dollar and fifty cents, and no more. When<br>requested to do so, an abstracter shall furnish a mineral abstract of any chain of title to the<br>minerals of any tract of land which shall consist of the instrument severing the mineral rights or<br>royalties from the surface rights and include all instruments of transfer or conveyance of mineral<br>rights, royalties, and other mineral interests.If requested, such mineral abstract may becombined with a surface abstract of all instruments affecting title to the tract of land to and<br>including the instrument severing the mineral rights, royalties, or other mineral interests being<br>abstracted. Further, when requested to do so, an abstracter shall omit zoning and subdivision<br>ordinances but shall note and exclude them from the abstract of title. An abstracter may charge<br>a per entry fee under section 43-01-18 for each omitted zoning and subdivision ordinance.43-01-16. Cancellation or denial of certificate - Discipline. The board, after receivinga written and signed complaint alleging a violation of any ground for discipline under this section<br>and upon thirty days' notice, may require any person, firm, corporation, or limited liability<br>company holding a certificate of authority, or any person holding a certificate as a registered<br>abstracter, to show cause why the same should not be canceled or other disciplinary measures<br>taken.The board may deny an application for a certificate of authority or a certificate ofregistration for any reason that a certificate of authority or a certificate of registration may be<br>canceled or disciplinary measures taken. A certificate of authority or certificate of registration<br>may be canceled or disciplinary measures taken, however, only for one or more of the following<br>reasons:1.Violation of the provisions of this chapter or the board's administrative rules by the<br>holder.2.If the holder thereof has been convicted of an offense determined by the board to<br>have a direct bearing upon the holder's ability to serve the public as an abstracter, or<br>if, following conviction of an offense, the board finds the holder is not sufficiently<br>rehabilitated under section 12.1-33-02.1.3.A finding by the board that the holder is guilty of habitual carelessness, inattention to<br>business or unreasonable timeliness of service, or intoxication or the use of drugs toPage No. 4such an extent as to incapacitate the holder for business, including not preparing an<br>abstract as requested under section 43-01-15.1.4.A finding by the board that the holder is guilty of fraudulent practices.5.A certificate of authority may be canceled, or other disciplinary measures taken,<br>upon the failure of the holder thereof to provide additional security as provided by<br>section 43-01-12, or upon failure to file an abstracter's liability policy in lieu of any<br>canceled policy, before such cancellation becomes effective, or a surety bond in<br>place thereof.The board may inspect an abstracter's records to determine compliance with this chapter or rules<br>adopted under this chapter.The board may adopt rules under chapter 28-32 addressingdiscipline of abstracters, including establishing standards for timeliness of service based on a<br>presumed standard turnaround time of three weeks or less. If the certificate of authority is held<br>by a firm, corporation, or limited liability company, the provisions of this section shall be<br>applicable to the members, officers, or managers thereof. Disciplinary measures that the board<br>may take include canceling or suspending a certificate of authority or certificate of registration,<br>requiring additional education, establishing a mentor or monitor, restricting practice parameters,<br>or imposing a monetary penalty of no greater than five hundred dollars for each violation. In<br>addition, an individual or organization found in violation of the requirements of this section may<br>be assessed costs, including attorney's fees, by the board.An entity whose certificate ofauthority has been canceled or suspended must surrender all customer abstracts and pending<br>orders to the board immediately upon being notified of the cancellation or suspension. The board<br>shall take reasonable measures to contact the customers.43-01-17. Appeal from cancellation of certificate. Upon the denial of an applicationfor a certificate of authority, or an applicant for a certificate of registered abstracter, or upon the<br>cancellation of either a certificate of authority or a certificate of registered abstracter, the<br>applicant or the holder thereof may appeal from the decision of the board to the district court.<br>Such appeal must be taken by the service upon the secretary-treasurer of the board, within thirty<br>days after notice of the decision has been served, of a notice of appeal and an appeal bond in<br>the sum of two hundred fifty dollars. The appeal must come on for hearing at the next regular<br>term of the district court in the county in which the applicant or certificate holder has a place of<br>business or residence within the state of North Dakota.43-01-18. Fees chargeable by abstracter. An abstracter may charge no more than thefollowing fees for making and certifying to an abstract:1.For each entry on an abstract or continuation of an entry on an abstract, ten dollars.2.For a complete certification covering the records of the several county offices, one<br>hundred dollars.3.For a certification covering lands in excess of one quarter section [64.75 hectares] in<br>the same abstract of title and for each quarter section [64.75 hectares] or portion of<br>a quarter section in excess of one, an additional fee of ten dollars.4.For a certification covering premises in more than one block in any subdivision in the<br>same abstract of title and for the premises in each additional block in excess of one,<br>an additional fee of ten dollars.5.For each name searched for judgments, real estate taxes, bankruptcy proceedings,<br>federal tax liens, and state tax liens, five dollars and fees charged to the abstracter<br>by a governmental agency or governmental entity.6.The fees as may be fixed by special statute.Page No. 543-01-19. County officers may certify abstracts. This chapter does not prevent therecorder, county treasurer, or clerk of court from certifying to abstracts of title to lands from the<br>records of their respective offices. Each officer, however, is liable on the officer's official bond for<br>the faithful performance of all acts performed by the officer as the abstracter.If the officercertifying the abstract is the clerk of court, the clerk shall charge and collect a fee as prescribed in<br>section 27-05.2-03.43-01-20. Penalty. Any person making, compiling, or certifying to an abstract of title toreal property in this state without first having complied with the provisions of this chapter is guilty<br>of a class B misdemeanor.43-01-21. Abstract prima facie evidence of title - When recorded. If the records ofdeeds, mortgages, liens, judgments, and instruments of like nature in any county have been lost<br>or destroyed, the abstract prepared by a regularly bonded abstracter of said county must be<br>deemed prima facie evidence of title, and such regularly certified abstract of title may be<br>recorded as other instruments are recorded.43-01-22. Abstract prepared by regularly bonded abstracter is evidence. Abstractsprepared by an official abstracter must be received as evidence in all courts and are prima facie<br>evidence in all courts and places of the facts stated therein.43-01-23. Temporary authority of an abstracter to act in an additional county.1.If it appears to the board that there is no abstracter authorized to engage in and<br>carry on the business of an abstracter of real estate titles in a county or that there is<br>an authorized abstracter in a county who is unable to perform the duties of an<br>abstracter due to death, disability, a disaster or emergency, or disciplinary action,<br>the board may authorize an individual or organization having a certificate of authority<br>and certificate of registration to operate in another county to operate in the county<br>having no abstracter through the issuance of a temporary certificate of authority.<br>The board may not charge an abstracter for the temporary certificate of authority.<br>The board may require additional security than provided under section 43-01-11.<br>The abstracter operating under the temporary certificate of authority is not required<br>to have a complete tract index and all instruments of record in the office of the<br>recorder in and for the county in which the abstracter is temporarily engaged in<br>business, nor need the abstracter have been engaged in the preparation of such<br>records. The temporary certificate of authority may not exceed such time as the<br>board has determined an abstracter having a regular certificate of authority and<br>certificate of registration is able to engage in and carry on the business of an<br>abstracter of real estate titles in the county, but the abstracter holding the temporary<br>certificate of authority may complete any work already engaged. The abstracter<br>having a temporary certificate of authority may seek to operate in the county on a<br>regular basis through compliance with all statutory requirements.2.The board may establish a fund to provide for additional expenses of an abstracter<br>operating under a temporary certificate of authority. The fund may be paid for by an<br>additional fee fixed by the board of no more than fifty dollars per year for each<br>certificate of registration.The fund may not exceed five thousand dollars.Theboard may pay the expenses, including mileage, meals, and lodging, of an<br>abstracter operating under a temporary certificate of authority at the rates<br>established for state employees on official business.43-01-24. Utility easement documentation abstracts upon request. Upon request,an abstracter shall furnish an abstract to title to the surface of any tract of land omitting<br>documents that affect utility easements, except for the initial document severing the interest from<br>the surface and a document limiting, modifying, or releasing the interest. In addition and upon<br>request, an abstracter shall furnish a list showing the names of the grantor and grantee and the<br>recording data of all related documents pertaining to a utility easement which are not included inPage No. 6the surface abstract. For each instrument searched and listed, but not included in the surface<br>abstract, an abstracter may charge a fee of up to one dollar and fifty cents.Page No. 7Document Outlinechapter 43-01 abstracters
