Detailed answer — how North Dakota law treats squatters and the usual removal process

Start by identifying the occupant’s legal status. People on your land fall into three main categories:

• Lawful tenant (written or oral lease). Different rules apply for eviction.
• Licensee or guest (invited but now refusing to leave). This may be a trespasser once permission ends.
• Squatter/adverse possessor (no permission and claiming ownership by possession).

1) Confirm ownership and gather proof

Before you act, assemble documentation that proves you own the property: deed, tax records, title policy, photographs, utility bills, and any communications with the occupant. Record dates and events (when you discovered the person, conversations, notices given).

2) Don’t attempt self-help removal

Never use force, change locks, remove belongings, or physically evict someone yourself. North Dakota law generally treats such actions as illegal even if the occupant is wrongfully on the property. A court-ordered removal is required to avoid civil liability or criminal exposure.

3) If the occupant appears to be a tenant, follow landlord–tenant eviction rules

When the person claims tenant status or you previously accepted rent, treat the situation under landlord–tenant law. That usually requires serving the appropriate notice (nonpayment, lease termination) and then filing a forcible entry and detainer (summary eviction) action in the proper court. The court can issue a judgment and order the sheriff to remove the occupant.

4) If the occupant is a trespasser or squatter (no lease, no permission)

For a trespasser or squatter, you generally start by serving a written notice to vacate (a demand for possession). If the person does not leave voluntarily, file a summary action for unlawful detainer or a forcible entry and detainer claim in the county court or appropriate court. If you win, the court will issue a judgment for possession and a writ of execution or writ of ejectment. The sheriff enforces that writ and physically removes the occupant. The exact paperwork and court name vary by county and by whether the occupant claims tenancy.

5) Adverse possession (when a squatter claims ownership)

Adverse possession is a narrow, statutory doctrine that allows someone who occupies land openly, notoriously, exclusively, continuously, and hostilely for the statutory period to later claim title. In many states, the statutory period is long (often decades). If a squatter is only recently present (weeks or months), adverse possession will not apply. Owners who act promptly to remove trespassers defeat adverse possession claims.

To research the statutory law for adverse possession and property rules in North Dakota, see the North Dakota Century Code (Property Title) at the North Dakota Legislative Branch website: https://www.legis.nd.gov/cencode/t47. For general code access visit: https://www.legis.nd.gov/cencode.

6) Criminal trespass or law enforcement

In some cases where the occupant refuses to leave and is clearly trespassing, local law enforcement may have authority to issue warnings or make arrests for criminal trespass. Police often will not forcibly remove someone without a court eviction order, so contact law enforcement to report the trespass and ask what steps they will take; follow up by filing the civil eviction if police cannot or will not remove the person immediately.

7) After-court removal and dealing with belongings

Once you obtain a court order, the sheriff executes the writ and removes the person. North Dakota has procedures for handling personal property left behind after eviction; you must follow statutory rules about notice, storage, and disposal of abandoned property to avoid liability. If the occupant alleges a claim to belongings, the court process will address that.

8) Other legal actions you may consider

• Quiet title action — to clear title if the squatter later claims ownership.
• Trespass or conversion suit — to recover damages for harm to property.
• Replevin — to recover specific personal property wrongfully withheld.

For procedural guidance from North Dakota’s court system, use the North Dakota Courts website: https://www.ndcourts.gov/. Find local court filing rules and self-help resources there or contact the clerk of court in the county where the property sits.

Quick timeline (typical steps)

1. Discover occupant and collect proof of ownership.
2. Try to determine legal status (tenant vs. trespasser).
3. Serve a written notice to vacate (type depends on status).
4. If occupant does not leave, file summary eviction/forcible detainer with the court.
5. Attend the hearing; obtain judgment for possession if the court rules for you.
6. Obtain a writ of execution/writ of ejectment; sheriff enforces removal.
7. Follow state rules for any property left behind.

When adverse possession might be relevant

If the occupant claims ownership based on long-term possession, they must meet the statutory elements. Property owners who want to prevent adverse possession should act as soon as they discover the occupant — by giving written notice, filing an action, or taking other steps to interrupt continuous possession. Check the North Dakota Century Code (Property Title) at https://www.legis.nd.gov/cencode/t47 for statutory details and consult a local lawyer.

Important: Specific statutes and exact procedures can vary by county and the particular facts. The links above point to North Dakota official resources where you can find the statutory text and local court information.

Helpful Hints

• Document everything. Date-stamped photos, videos, and written notes are crucial.
• Preserve proof of ownership: deed, tax statements, insurance, and recent inspections.
• Do not physically remove the occupant or their belongings. Use the courts and sheriff.
• Serve proper written notices — the type and timing matter. Use a process server or sheriff when needed so service can be proved in court.
• Call local police to report ongoing trespass, but expect civil eviction steps may still be needed.
• If the occupant claims tenancy or pays rent, treat the matter as an eviction under landlord–tenant rules; those protections can delay removal if not handled properly.
• Act quickly to prevent adverse possession claims — prompt legal action defeats most adverse-possession defenses.
• Keep conversations calm and brief. Record interactions where allowed by law and let a lawyer handle negotiations if possible.
• Contact a North Dakota real property attorney promptly — they can file the correct pleadings, obtain emergency relief if appropriate, and coordinate with the sheriff.
• Check with your title insurer if you have title insurance; they may provide defense or guidance.