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What Is the Statute of Limitations for Trespass in North Dakota?

In North Dakota, the statute of limitations for trespass is generally 6 years under N.D.C.C. § 28-01-16.

6 YEARS
Trespass to Land · North Dakota
✓ Verified Checked Sep 2026

Trespass Deadlines in North Dakota

How long do you have to file a trespass claim in North Dakota?

In North Dakota, the statute of limitations for trespass is generally 6 years under N.D.C.C. § 28-01-16.

When does the clock start for trespass in North Dakota?

Six years for trespass.

Can the North Dakota deadline for trespass be extended?

A continuing trespass can give rise to successive claims.

Is the deadline different if the claim is against the government in North Dakota?

Often, yes. State: notice within 180 days; municipality: 3 years under N.D.C.C. chs. 32-12.2, 32-12.1. Claims against the State or a state employee must be presented in writing to the Office of Management and Budget within 180 days of discovery of the injury, or one year where the injury resulted in death (N.D.C.C. ch. 32-12.2). Claims against a municipality or…

How does North Dakota compare to other states for trespass?

North Dakota's 6 years is in the middle of the range nationally. Across the 48 jurisdictions with a verified figure, the deadline for trespass ranges from 2 years to 10 years, and 3 years is the most common. Compare all states →

What Does Trespass to Land Cover?

Situations that typically fall under the trespass deadline in North Dakota:

01 Unauthorized entry onto private property
02 Encroaching structures or fences
03 Interference with use of real property
04 Unauthorized removal of timber or resources
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Other Filing Deadlines in North Dakota

Statutes of limitations have exceptions, and courts apply them to specific facts. This page states the general rule. A licensed North Dakota attorney can tell you the deadline that applies to your situation.
See every filing deadline in North Dakota, or compare trespass across all states.
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