Mechanics Lien Deadlines in North Dakota
North Dakota's construction lien chapter sets who may claim a lien, a certified-mail notice before recording, a ninety-day recording deadline, and a lis pendens requirement to keep the lien enforceable.
North Dakota calls its mechanics lien a construction lien, governed by Chapter 35-27 of the North Dakota Century Code. The statute defines the class of persons who may claim a lien, requires written notice to the owner before the lien is recorded, sets the deadline to record the lien with the county recorder, and fixes the window in which the lienholder must commence an action and record a lis pendens to keep the lien enforceable. The paragraphs below quote the operative provisions and the events their deadlines run from.
Filing and enforcing a mechanics lien in North Dakota
Any person that improves real estate under a contract with the owner, or under a contract with any agent, trustee, contractor, or subcontractor of the owner, has a lien upon the improvement and upon the land on which the improvement is situated. 1
Written notice that a lien will be claimed must be given to the legal or equitable owner of the real estate by certified mail at least ten days before the recording of the construction lien. 2
Every person desiring to perfect the lien shall record it with the recorder of the county in which the property is situated within ninety days after all the person's contribution is done. 3
A lien may not be filed more than three years after the date the first item of material is furnished. 4
A lien is not valid, effective, nor enforceable unless the lienor commences an action and records a lis pendens with the county recorder within three years after the date of recording of the lien. 5
Before enforcing the lien, the lienholder must give written notice of intention by personal service upon the owner at least ten days before the action is commenced, or by registered mail at least twenty days before the action is commenced. 6
Sources
In North Dakota, any person that improves real estate under a contract with the owner, or under a contract with any agent, trustee, contractor, or subcontractor of the owner, has a lien upon the improvement and upon the land on which the improvement is situated.
Written notice a lien will be claimed must be given to the legal or equitable owner of the real estate by certified mail at least ten days before the recording of the construction lien.
Every person desiring to perfect the person's lien shall record it with the recorder of the county in which the property is situated within ninety days after all the person's contribution is done.
A lien may not be filed more than three years after the date of the first item of material is furnished.
A lien is not valid, effective, nor enforceable unless the lienor commences an action and records with the county recorder a lis pendens within three years after the date of recording of the lien.
Before enforcing a lien, the lienholder must give written notice of intention by personal service upon the legal or equitable owner at least ten days before an action to enforce the lien is commenced, or by registered mail at least twenty days before the action is commenced.
Frequently asked questions
- Who is entitled to a construction lien in North Dakota?
- Any person that improves real estate under a contract with the owner, or under a contract with the owner's agent, trustee, contractor, or subcontractor, has a lien upon the improvement and upon the land on which the improvement is situated.
- How long do I have to record a construction lien in North Dakota?
- The person must record the lien with the recorder of the county where the property is situated within ninety days after all the person's contribution is done, and a lien may not be filed more than three years after the date the first item of material is furnished.
- Is notice required before recording the lien?
- Yes. Written notice that a lien will be claimed must be given to the legal or equitable owner by certified mail at least ten days before the recording of the construction lien.
- How long do I have to enforce a North Dakota construction lien?
- A lien is not valid, effective, nor enforceable unless the lienor commences an action and records a lis pendens with the county recorder within three years after the date of recording of the lien.
Last reviewed 8.4.26
This page is general information about state law, not legal advice. Laws change, and how they apply depends on the facts of your situation.