Growing Uncertainty of Real Estate Titles

Abstract

Professor Anderson reviews three lines of North Dakota cases relevant to conveyancing and title examination. The first topic primarily concerns the validity of third-party reservations in deeds, that is, reservations of interests in favor of persons who are not parties to the deed. The second topic concerns the problem a subsequent purchaser faces when the chain of title to property reveals a discrepancy between the terms of a recorded contract for deed and the terms of the deed issued pursuant to the contract. The third topic is the North Dakota rule against the absolute suspension of the power of alienation, commonly referred to as the State's statutory rule on perpetuities.