Restoration of property taken without consent - Exceptions
N.D. Cent. Code § 9-10-05
in effect9-10-05. Restoration of property taken without consent - Exceptions
One who obtains a thing without the consent of its owner, or by a consent afterwards
rescinded, or by an unlawful exaction which the owner at the time could not refuse with
prudence, shall restore it without demand to the person from whom it was obtained except in the
following cases:
1. When the person has acquired a title thereto superior to that of the person from whom
the property was taken;
2. When the transaction is corrupt and unlawful on both sides; or
3. When a thing is obtained by mutual mistake, and in such case the party obtaining the
thing is not bound to return it until that person has notice of the mistake.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t09c10.pdf#nameddest=9-10-05Fetched: 10/16/2026