Chapter 39 Conveyances
Article 1 - Construction and Sufficiency.
- § 39-1 Fee presumed, though word "heirs" omitted
When real estate is conveyed to any person, the same shall be held and construed to be a conveyance in fee, whether the word "heir"...
- § 39-1.1 In construing conveyances court shall give effect to intent of the parties
(a) In construing a conveyance executed after January 1, 1968, in which there are inconsistent clauses, the courts shall determine the effect of the instrument...
- § 39-2 Vagueness of description not to invalidate
No deed or other writing purporting to convey land or an interest in land shall be declared void for vagueness in the description of the...
- § 39-3 Repealed by Session Laws 1961, c. 52
- § 39-4 Conveyances by infant trustees
When an infant is seized or possessed of any estate in trust, whether by way of mortgage or otherwise, for another person who may be...
- § 39-5 Official deed, when official selling or empowered to sell is not in office
When a sheriff, coroner, or tax collector, in virtue of his office, sells any real or personal property and goes out of office before executing...
- § 39-6 Revocation of deeds of future interests made to persons not in esse
The grantor in any voluntary conveyance in which some future interest in real estate is conveyed or limited to a person not in esse may,...
- § 39-6.1 Validation of deeds of revocation of conveyances of future interests to persons not in esse
All deeds or instruments heretofore executed, revoking any conveyance of future interest made to persons not in esse, are hereby validated insofar as any such...
- § 39-6.2 Creation of interest or estate in personal property
Any interest or estate in personal property which may be created by last will and testament may also be created by a written instrument of...
- § 39-6.3 Inter vivos and testamentary conveyances of future interests permitted
(a) The conveyance, by deed or will, of an existing future interest shall not be ineffective on the sole ground that the interest so conveyed...
- § 39-6.4 Creation of easements, restrictions, and conditions
(a) The holder of legal or equitable title of an interest in real property may create, grant, reserve, or declare valid easements, restrictions, or conditions...
- § 39-6.5 Elimination of seal
The seal of the signatory shall not be necessary to effect a valid conveyance of an interest in real property; provided, that this section shall...
- § 39-6.6 Subordination agreements
(a) A subordination agreement shall be given effect in accordance with its terms and is not required to state any interest rate, principal amount secured,...
- § 39-6.7 Construction of conveyances to or by trusts
(a) A deed, will, beneficiary designation, or other instrument that purports to convey, devise, or otherwise transfer any ownership or security interest in real or...
Article 2 - Conveyances by Husband and Wife.
- § 39-7 Instruments affecting married person's title; joinder of spouse; exceptions
(a) In order to waive the elective life estate of either husband or wife as provided for in G.S. 29‑30, every conveyance or other instrument...
- § 39-7.1 Certain instruments affecting married woman's title not executed by husband validated
No conveyance, power of attorney, or other instrument affecting the estate, right or title of any married woman in lands, tenements or hereditaments which was...
- § 39-8 Acknowledgment at different times and places; before different officers; order immaterial
In all cases of deeds, or other instruments executed by husband and wife and requiring registration, the probate of such instruments as to the husband...
- § 39-9 Absence of wife's acknowledgment does not affect deed as to husband
When an instrument purports to be signed by a husband and wife the instrument may be ordered registered, if the acknowledgment of the husband is...
- § 39-10 Repealed by Session Laws 1977, c. 375, s. 16
- § 39-11 Certain conveyances not affected by fraud if acknowledgment or privy examination regular
No deed conveying lands nor any instrument required or allowed by law to be registered, executed by husband and wife since the eleventh of March,...
- § 39-12 Power of attorney of married person
Every competent married person of lawful age is authorized to execute, without the joinder of his or her spouse, instruments creating powers of attorney affecting...
- § 39-13 Spouse need not join in purchase-money mortgage
The purchaser of real estate who does not pay the whole of the purchase money at the time when he or she takes a deed...
- § 39-13.1 Validation of certain deeds, etc., executed by married women without private examination
(a) No deed, contract, conveyance, leasehold or other instrument executed since the seventh day of November, 1944, shall be declared invalid because of the failure...
- § 39-13.2 Married persons under 18 made competent as to certain transactions; certain transactions validated
(a) Any married person under 18 years of age is authorized and empowered and shall have the same privileges as are conferred upon married persons...
- § 39-13.3 Conveyances between husband and wife
(a) A conveyance from a husband or wife to the other spouse of real property or any interest therein owned by the grantor alone vests...
- § 39-13.4 Conveyances by husband or wife under deed of separation
Any conveyance of real property, or any interest therein, by the husband or wife who have previously executed a valid and lawful deed of separation...
- § 39-13.5 Creation of tenancy by entirety in partition of real property
When either a husband or a wife owns an undivided interest in real property as a tenant in common with some person or persons other...
- § 39-13.6 Control of real property held in tenancy by the entirety
(a) A husband and wife shall have an equal right to the control, use, possession, rents, income, and profits of real property held by them...
- § 39-14 Repealed by Session Laws 1943, c. 543
Article 3 - Fraudulent Conveyances.
Article 3A - Uniform Fraudulent Transfer Act.
- § 39-23.1 Definitions
As used in this Article: (1) "Affiliate" means: a. A person who directly or indirectly owns, controls, or holds with power to vote, twenty percent...
- § 39-23.2 Insolvency
(a) A debtor is insolvent if the sum of the debtor's debts is greater than all of the debtor's assets at a fair valuation. (b)...
- § 39-23.3 Value
(a) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt...
- § 39-23.4 Transfers fraudulent as to present and future creditors
(a) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, whether the creditor's claim arose before or after the...
- § 39-23.5 Transfers fraudulent as to present creditors
(a) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made or...
- § 39-23.6 When transfer is made or obligation is incurred
For the purposes of this Article: (1) A transfer is made: a. With respect to an asset that is real property other than a fixture,...
- § 39-23.7 Remedies of creditors
(a) In an action for relief against a transfer or obligation under this Article, a creditor, subject to the limitations in G.S. 39‑23.8, may obtain:...
- § 39-23.8 Defenses, liability, and protection of transferee
(a) A transfer or obligation is not voidable under G.S. 39‑23.4(a)(1) against a person who took in good faith and for a reasonably equivalent value...
- § 39-23.9 Extinguishment of cause of action
A cause of action with respect to a fraudulent or voidable transfer or obligation under this Article is extinguished unless action is brought: (1) Under...
- § 39-23.10 Supplementary provisions
Unless displaced by the provisions of this Article, the principles of law and equity, including the law merchant and the law relating to principal and...
- § 39-23.11 Uniformity of application and construction
This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this Article...
- § 39-23.12 Short title
This Article may be cited as the Uniform Fraudulent Transfer Act. (1997‑291, s. 2.)
Article 4 - Voluntary Organizations and Associations.
- § 39-24, 39-25 Repealed by Session Laws 2006-226, s. 2(a), effective January 1, 2007
- § 39-26 Recodified as G.S. 59B-15(a) by Session Laws 2006-226, s. 2(b), effective January 1, 2007
- § 39-27 Recodified as G.S. 59B-15(b) by Session Laws 2006-226, s. 2(b), effective January 1, 2007
Article 5 - Sale of Building Lots in North Carolina.
Article 5A - Control Corners in Real Estate Developments.
Article 6 - Power of Appointment.
Article 7 - Uniform Vendor and Purchaser Risk Act.
Article 8 - Business Trusts.
Article 9 - Disclosure.
Article 10 - Real Property Tax Proration.
