Garaas, et al. v. Continental Resources, et al.

Citations

• 2025 ND 146

Syllabus

Deeds are interpreted in the same manner as contracts. In construing a deed, the primary purpose is to ascertain and effectuate the grantor's intent. A grantor's intent must be ascertained from the writing alone, if possible. When a deed is unambiguous, the parties' intent is determined from the instrument itself. The \safe harbor\ provision in N.D.C.C. § 47-16-39.1(1) applies when there is a dispute of title that would affect distribution of royalty payments. Determining who is a prevailing party for an award of disbursements is a question of law, subject to de novo review, while the question of the amount allowed for disbursements and costs is one of fact, subject to an abuse of discretion standard.