North Carolina Statutes

Chapter 43 Land Registration

Article 1 - Nature of Proceeding.

  • § 43-1   Jurisdiction in superior court
    For the purpose of enabling all persons owning real estate within this State to have the title thereto settled and registered, as prescribed by the...
  • § 43-2   Proceedings in rem; vests title
    The proceedings under any petition for the registration of land, and all proceedings in the court in relation to registered land, shall be proceedings in...
  • § 43-3   Rules of practice prescribed by Attorney General
    The Attorney General, with the approval of the Supreme Court, shall from time to time make, change, revise and revoke rules of practice in the...

Article 2 - Officers and Fees.

  • § 43-4   Examiners appointed by clerk
    The clerk of the superior court of each county shall appoint three or more examiners of titles, who shall be licensed attorneys‑at‑law, residing in the...
  • § 43-5   Fees of officers
    The examiner provided for in G.S. 43‑4 shall be compensated as provided in G.S. 1‑408. All plats required by this Chapter shall comply with G.S....

Article 3 - Procedure for Registration.

  • § 43-6   Who may institute proceedings
    Any person, firm, or corporation, including the State of North Carolina or any political subdivision thereof, being in the peaceable possession of land within the...
  • § 43-7   Land lying in two or more counties
    In every proceeding to register title, in which it is alleged in the petition or made to appear that the land therein described, whether in...
  • § 43-8   Petition filed; contents; State to be named as respondent; service on State
    Suit for registration of title shall be begun by a petition to the court by the persons claiming, singly or collectively, to own or have...
  • § 43-9   Summons issued and served; disclaimer
    Summons shall be issued and shall be returnable as in other cases of special proceedings, except that the return shall be at least 60 days...
  • § 43-10   Notice of petition published
    In addition to the summons issued, prescribed in the foregoing section [ 43‑9], the clerk of the court shall, at the time of issuing such...
  • § 43-11   Hearing and decree
    (a) Referred to Examiner. Upon the return day of the summons the petition shall be set down for hearing upon the pleadings and exhibits filed....
  • § 43-12   Effect of decree; approval of judge
    Every decree rendered as hereinbefore provided shall bind the land and bar all persons and corporations claiming title thereto or interest therein; quiet the title...

Article 4 - Registration and Effect.

Article 5 - Adverse Claims and Corrections after Registration.

Article 6 - Method of Transfer.

  • § 43-31   When whole of land conveyed
    Whenever the whole of any registered estate is transferred or conveyed the same shall be done by a transfer or conveyance attached to the certificate...
  • § 43-32   Conveyance of part of registered land
    The transfer of any part of a registered estate, either of an undivided interest therein or of a separate lot or parcel thereof, shall be...
  • § 43-33   Duty of register of deeds upon part conveyance
    Upon presentation to the register of deeds of an instrument of transfer or conveyance of an undivided interest in a registered estate, in proper form...
  • § 43-34   Subdivision of registered estate
    Any owner of a registered estate who may desire to subdivide the same may make application in writing to the register of deeds for the...
  • § 43-35   References and cross references entered on register
    In all cases the register of deeds shall place upon the consolidated real property records and upon the certificate of title of such registered estate...
  • § 43-36   When land conveyed as security
    (a) Whole Land Conveyed. Whenever the owner of any registered estate shall desire to convey same as security for debt, it may be done in...
  • § 43-37   Owner's certificate presented with transfer
    In voluntary transactions the owner's certificate of title must be presented along with the writing or instrument conveying or effecting the sale, and thereupon and...
  • § 43-38   Transfers probated; partitions; contracts
    All transfers of registered land shall be duly executed and probated as required by law upon like conveyances of other lands, and in all cases...
  • § 43-39   Certified copy of order of court noted
    In voluntary transactions a certificate from the proper State, county or court officer, or certified copy of the order, decree or judgment of any court...
  • § 43-40   Production of owner's certificate required
    Whenever owner's certificate is not presented to the register along with any writing, instrument or record filed for registration under this Chapter, he shall forthwith...
  • § 43-41   Registration notice to all persons
    Every voluntary or involuntary transaction, which if recorded, filed or entered in any clerk's office would affect unregistered land, shall, if duly registered in the...
  • § 43-42   Conveyance of registered land in trust
    Whenever a writing, instrument or record is filed for the purpose of transferring registered land in trust, or upon any equitable condition or limitation expressed...
  • § 43-43   Authorized transfer of equitable interests registered
    No writing or instrument for the purpose of transferring, encumbering or otherwise dealing with equitable interests in registered land shall be registered unless the power...
  • § 43-44   Validating conveyance by entry on margin of certificate
    In all cases where the owner of any estate in lands, the title to which has been registered or attempted to be registered in accordance...

Article 7 - Liens upon Registered Lands.

  • § 43-45   Docketed judgments
    Whenever any judgment of the superior court of the county in which the registered estate is situated shall be duly docketed in the office of...
  • § 43-46   Notice of delinquent taxes filed
    It shall be the duty of the tax collector of each taxing unit, not later than June 30 following the date the taxes became delinquent,...
  • § 43-47   Repealed by Session Laws 1999-59, s. 8
  • § 43-48   Foreclosure of tax lien
    The lien for ad valorem taxes may be foreclosed and the property sold pursuant to G.S. 105‑375. A note of the sale under this section...

Article 8 - Assurance Fund.

Article 9 - Removal of Land from Operation of Torrens Law.

  • § 43-56   Proceedings
    Any land brought under the provisions and operation of this Chapter before April 16, 1931, may be removed and excluded therefrom by a motion in...
  • § 43-57   Existing liens unaffected
    Nothing in G.S. 43‑56 shall be construed to impair or remove any lien or encumbrance existing against said land. (1931, c. 286, s. 3.)
  • § 43-58 through 43-62   Reserved for future codification purposes

Article 10 - Instruments Describing Party as Trustee or Agent.