North Dakota Century Code Title 35. Liens § 35-27-03. When lien attaches

1. As against the legal and equitable owner, subject to section 35-27-02, such liens attach and take effect from the time the first item of material or labor is furnished upon the premises for the beginning of the improvement.

2. A lien may not attach against a person that acquires an interest in real estate, in good-faith, without actual or constructive notice of the claimant's rights, before the actual and visible beginning of the improvement on the subject property.

3. Except as provided in section 35-27-04, all liens under this chapter are preferred to any unrecorded mortgage or other encumbrance unless the lienholder had actual notice of the unrecorded interest.