North Dakota Code 35-37-06 – Expiration of lien – Enforcement – Joinder and consolidation – Costs – Personal actions – Other rights and remedies
1. The security interest and lien granted to an interest owner follow the oil and gas unpaid for or the proceeds of the oil or gas if the oil or gas has been sold. The security interest and lien expire one year after the date of the filing of the notice of lien unless proper action to enforce the lien is commenced within such time in the district court of the county in which the well is located, or wherever the oil or gas unpaid for or the proceeds of oil or gas sold may be found. Persons claiming security interests and liens with respect to the oil or gas from the same well may join in the same action, and where separate actions are commenced the court may consolidate them. The court may allow as part of the costs of the action moneys paid for filing and recording instruments and reasonable attorney’s fees for the prevailing party. If an action is commenced after the filing of a lien, the lien is considered a lien upon the oil or gas severed, or the proceeds of sale if the oil or gas has been sold, to the extent of the interest of the claimant, for payment of the amount due the claimant and the security interest and lien of the claimant may be enforced in the manner provided by law.
Terms Used In North Dakota Code 35-37-06
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
- year: means twelve consecutive months. See North Dakota Code 1-01-33
2. This chapter does not impair or affect the right of a person to whom a debt may be due to maintain a personal action to recover the debt against the person liable for payment of the debt.
3. This chapter does not impair or affect the rights, priorities, or remedies of a person under the Uniform Commercial Code and this chapter is cumulative to and not a limitation on or a substitution for any rights or remedies otherwise provided by law to a creditor against the creditor’s debtor.