Current through 2024 Legislative Session
Section 11-18-05 - Fees of recorderThe recorder shall charge and collect the following fees:
1. For recording an instrument affecting title to real estate:a. Deeds, mortgages, and all other instruments not specifically provided for in this subsection, twenty dollars for documents containing one to six pages and sixty-five dollars for documents containing more than six pages plus three dollars for each additional page after the first twenty-five pages. In addition, for all documents recorded under this section that list more than ten sections of land, a fee of one dollar for each additional section listed which is to be recorded in the tract index. Three dollars of the fee collected for each instrument recorded under this subdivision must be placed in the document preservation fund.(1) "Page" means one side of a single legal size sheet of paper not exceeding eight and one-half inches [21.59 centimeters] in width and fourteen inches [35.56 centimeters] in length.(2) The printed, written, or typed words must be considered legible by the recorder before the page will be accepted for recording and, unless the form was issued by a government agency, must have a font size equal to or larger than ten point calibri.(3) Each real estate instrument must have a legal description considered to be adequate by the recorder before such instrument will be accepted for recording.(4) A space of at least three inches [7.62 centimeters] must be provided across the top of the first page of each instrument for the recorder's recording information. If a space of at least three inches [7.62 centimeters] is not provided across the top of the first page, the recorder shall add a page, and an additional page charge must be levied in accordance with the fee structure.b. Instruments satisfying, releasing, assigning, subordinating, continuing, amending, or extending more than ten instruments previously recorded in the county in which recording is requested, a fee of twenty dollars for documents containing one to six pages, sixty-five dollars for documents containing more than six pages plus three dollars for each additional page after the first twenty-five pages, and three dollars for each additional document number or book and page after the first ten referenced instruments. In addition, for all documents recorded under this section which list more than ten separate sections of land, a fee of one dollar for each additional section listed which is to be recorded in the tract index. Three dollars of the fee collected for each instrument recorded under this subdivision must be placed in the document preservation fund.c. Plats, twenty dollars for twenty lots or fewer and fifty dollars for more than twenty lots.d. All instruments presented for recording after June 30, 2001, must contain a one-inch [2.54-centimeter] top, bottom, or side margin on each page of the instrument for the placement of computerized recording labels. An instrument that does not conform to this margin requirement may be recorded upon payment of an additional fee of ten dollars.2. For filing any instrument, ten dollars.3. For making certified copies of any recorded instrument or filed instrument, the charge is five dollars for the first page and two dollars for each additional page. For making a noncertified copy of any recorded instrument or filed instrument, a fee of not more than one dollar per instrument page. For providing any electronic data extracted from the recorded instrument, a fee of not more than fifty cents per instrument.4. The recorder may establish procedures for providing access for duplicating records under the recorder's control. Such records include paper, photostat, microfilm, microfiche, and electronic or computer-generated instruments created by governmental employees.5. Duplicate recorders' records stored offsite as a security measure are not accessible for reproduction.Amended by S.L. 2017, ch. 91 (SB 2340),§ 1, eff. 7/1/2017.Amended by S.L. 2015, ch. 372 (HB 1330),§ 1, eff. 8/1/2015.Amended by S.L. 2013, ch. 257 (HB 1136),§ 2, eff. 8/1/2016, or earlier if the secretary of state makes a report to the legislative management and to the information technology committee certifying that the information technology components of the electronic filing system are ready for implementation of those provisions of this 2013 HB 1136, in which case this amendment becomes effective ninety days following the completion of the certificate requirement.Amended by S.L. 2013, ch. 258 (SB 2128),§ 1, eff. 7/1/2013.Amended by S.L. 2011, ch. 90 (SB 2168),§ 1, eff. 8/1/2011.