Chapter 47 Probate and Registration
Article 1 - Probate.
- § 47-1 Officials of State authorized to take probate
The execution of all deeds of conveyance, contracts to buy, sell or convey lands, mortgages, deeds of trust, instruments modifying or extending the terms of...
- § 47-2 Officials of the United States, foreign countries, and sister states
The execution of all such instruments and writings as are permitted or required by law to be registered may be proved or acknowledged before any...
- § 47-2.1 Validation of instruments proved before officers of certain ranks
Any instrument or writing, required by law to be proved or acknowledged before an officer, which prior to the ratification of this section was proved...
- § 47-2.2 Notary public of sister state; lack of seal or stamp or expiration date of commission
If the proof or acknowledgment of any instrument is had before a notary public of any state other than North Carolina and the instrument does...
- § 47-3 Repealed by Session Laws 1987, c. 620, s. 3
- § 47-4 Repealed by Session Laws 1971, c. 1185, s. 10
- § 47-5 When seal of officer necessary to probate
When proof or acknowledgment of the execution of any instrument by any maker of such instrument, whether a person or corporation, is had before any...
- § 47-6 Officials may act although land or maker's residence elsewhere
The execution of all instruments required or permitted by law to be registered may be proved or acknowledged before any of the officials authorized by...
- § 47-7 Repealed by Session Laws 1987, c. 620, s. 3
- § 47-8 Repealed by Session Laws 1991, c. 543, s. 1
- § 47-8.1 Certain documents verified by attorneys validated
Final judgments otherwise proper, entered in actions or proceedings in which the complaints or any other documents were verified in violation of G.S. 47‑8 prior...
- § 47-9 Probates before stockholders in building and loan associations
No acknowledgment or proof of execution of any mortgage or deed of trust executed to secure the payment of any indebtedness to any building and...
- § 47-10 Probate before stockholders or directors in banking corporations
No acknowledgment or proof of execution, including privy examination of married women, of any mortgage, or deed of trust executed to secure the payment of...
- § 47-11 Subpoenas to maker and subscribing witnesses
The grantee or other party to an instrument required or allowed by law to be registered may at his own expense obtain from the clerk...
- § 47-12 Proof of attested instrument by subscribing witness
Except as provided by G.S. 47‑12.2, the execution of any instrument required or permitted by law to be registered, which has been witnessed by one...
- § 47-12.1 Proof of attested instrument by proof of handwriting
(a) If all subscribing witnesses have died or have left the State or have become of unsound mind or otherwise incompetent or unavailable, the execution...
- § 47-12.2 Subscribing witness incompetent when grantee or beneficiary
The execution of an instrument may not be proved for registration by a subscribing witness who is the grantee or beneficiary therein nor by proof...
- § 47-13 Proof of unattested writing
If an instrument required or permitted by law to be registered has no subscribing witness, the execution of the same may be proven before any...
- § 47-13.1 Certificate of officer taking proof of instrument
The person taking proof of an instrument pursuant to G.S. 47‑12, 47‑12.1 or 47‑13 shall execute a certificate on or attached to the instrument being...
- § 47-14 Register of deeds to verify the presence of proof or acknowledgement and register instruments; order by judge; instruments to which register of deeds is a party
(a) The register of deeds shall not accept for registration any instrument that requires proof or acknowledgement unless the execution of the instrument by one...
- § 47-14.1 Repeal of laws requiring private examination of married women
All deeds, contracts, conveyances, leaseholds or other instruments executed from and after February 7, 1945, shall be valid for all purposes without the separate, privy,...
- § 47-15 Repealed by Session Laws 1985, c. 589, s. 26, effective January 1, 1986
- § 47-16 Probate of corporate deeds, where corporation has ceased to exist
It is competent for the clerk of the superior court in any county in this State, on proof before him upon the oath and examination...
Article 1A - Uniform Real Property Electronic Recording Act.
- § 47-16.1 Short title
This Article may be cited as the Uniform Real Property Electronic Recording Act. (2005‑391, s. 1.)
- § 47-16.2 Definitions
In this Article: (1) "Document" means information that is: a. Inscribed on a tangible medium or that is stored in an electronic or other medium...
- § 47-16.3 Validity of electronic documents
(a) If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium, or be...
- § 47-16.4 Recording of documents
(a) In this section, "paper document" means a document that is received by the register of deeds in a form that is not electronic. (b)...
- § 47-16.5 Administration and standards
(a) Standard‑Setting Agency. The Secretary of State shall adopt standards to implement this Article upon recommendation of the Electronic Recording Council. The Secretary of State...
- § 47-16.6 Uniformity of application and construction
In applying and construing this Article, consideration shall be given to promoting uniformity of interpretation of the Uniform Real Property Electronic Recording Act among states...
- § 47-16.7 Relation to Electronic Signatures in Global and National Commerce Act
This Article modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001, et seq.) but does not modify,...
Article 2 - Registration.
- § 47-17 Probate and registration sufficient without livery of seizin, etc
All deeds, contracts or leases, before registration, except those executed prior to January 1, 1870, shall be acknowledged by the grantor, lessor or the person...
- § 47-17.1 Documents registered or ordered to be registered in certain counties to designate draftsman; exceptions
The register of deeds of any county in North Carolina shall not accept for registration, nor shall any judge order registration pursuant to G.S. 47‑14,...
- § 47-17.2 Assignments of mortgages, deeds of trust, or other agreements pledging real property as security
It shall not be necessary in order to effect a valid assignment of a note and deed of trust, mortgage, or other agreement pledging real...
- § 47-18 Conveyances, contracts to convey, options and leases of land
(a) No (i) conveyance of land, or (ii) contract to convey, or (iii) option to convey, or (iv) lease of land for more than three...
- § 47-18.1 Registration of certificate of corporate merger, consolidation, or conversion
(a) If title to real property in this State is vested by operation of law in another entity upon the merger, consolidation, or conversion of...
- § 47-18.2 Registration of Inheritance and Estate Tax Waiver
An Inheritance and Estate Tax Waiver or other consent to transfer issued by the Secretary of Revenue bearing the signature of the Secretary of Revenue...
- § 47-18.3 Execution of corporate instruments; authority and proof
(a) Notwithstanding anything to the contrary in the bylaws or articles of incorporation, when it appears on the face of an instrument registered in the...
- § 47-19 Unregistered deeds prior to January, 1920, registered on affidavit
Any person holding any unregistered deed or claiming title thereunder, executed prior to the first day of January, 1920, may have the same registered without...
- § 47-20 Deeds of trust, mortgages, conditional sales contracts, assignments of leases and rents; effect of registration
(a) No deed of trust or mortgage of real or personal property, or of a leasehold interest or other chattel real, or conditional sales contract...
- § 47-20.1 Place of registration; real property
To be validly registered pursuant to G.S. 47‑20, a deed of trust or mortgage of real property must be registered in the county where the...
- § 47-20.2 Place of registration; personal property
(a) As used in this section: (1) "Mortgage" includes a deed of trust and a conditional sales contract; unless subject to the filing requirements of...
- § 47-20.3 Place of registration; instruments covering both personal property and real property
To be validly registered pursuant to G.S. 47‑20, a mortgage, deed of trust or conditional sales contract, or any combination of these, of both personal...
- § 47-20.4 Place of registration; chattel real
To be validly registered pursuant to G.S. 47‑20, a deed of trust or mortgage of a leasehold interest or other chattel real must be registered...
- § 47-20.5 Real property; effectiveness of after-acquired property clause
(a) As used in this section, "after‑acquired property clause" means any provision or provisions in an instrument which create a security interest in real property...
- § 47-20.6 Affidavit for permanent attachment of titled manufactured home to real property
(a) If the owner of real property or the owner of the manufactured home who has entered into a lease with a primary term of...
- § 47-20.7 Declaration of intent to affix manufactured home; transfer of real property with manufactured home attached
(a) A person who owns real property on which a manufactured home has been or will be placed or the owner of a manufactured home...
- § 47-21 Blank or master forms of mortgages, etc.; embodiment by reference in instruments later filed
It shall be lawful for any person, firm or corporation to have a blank or master form of mortgage, deed of trust, or other instrument...
- § 47-22 Counties may provide for photographic or photostatic registration
The board of county commissioners of any county is hereby authorized and empowered to provide for photographic or photostatic recording of all instruments filed in...
- § 47-23 Repealed by Session Laws 1953, c. 1190, s. 3
- § 47-24 Conditional sales or leases of railroad property
When any railroad equipment and rolling stock is sold, leased or loaned on the condition that the title to the same, notwithstanding the possession and...
- § 47-25 Marriage settlements
All marriage settlements and other marriage contracts, whereby any money or other estate is secured to the wife or husband, shall be proved or acknowledged...
- § 47-26 Deeds of gift
All deeds of gift of any estate of any nature shall within two years after the making thereof be proved in due form and registered,...
- § 47-27 Deeds of easements
All persons, firms, or corporations now owning or hereafter acquiring any deed or agreement for rights‑of‑way and easements of any character whatsoever shall record such...
- § 47-28 Powers of attorney
Every power of attorney, wherever made or concerning whatsoever matter, may, on acknowledgment or proof of the same before any competent official, be registered in...
- § 47-29 Recording of bankruptcy records
A copy of the petition with the schedules omitted beginning a proceeding under the United States Bankruptcy Act, or of the decree of adjudication in...
- § 47-29.1 Recordation of environmental notices
(a) A permit for the disposal of waste on land shall be recorded as provided in G.S. 130A‑301. (a1) The disposal of land clearing and...
- § 47-30 Plats and subdivisions; mapping requirements
(a) Size Requirements. All land plats presented to the register of deeds for recording in the registry of a county in North Carolina after September...
- § 47-30.1 Plats and subdivisions; alternative requirements
In a county to which the provisions of G.S. 47‑30 do not apply, any person, firm or corporation owning land may have a plat thereof...
- § 47-30.2 Review Officer
(a) The board of commissioners of each county shall, by resolution, designate by name one or more persons experienced in mapping or land records management...
- § 47-31 Certified copies may be registered; used as evidence
(a) A duly certified copy of any deed or writing required or allowed to be registered may be registered in any county without further certification...
- § 47-32 Photographic copies of plats, etc
After January 1, 1960, in all special proceedings in which a map shall be filed as a part of the papers, such map shall meet...
- § 47-32.1 Photostatic copies of plats, etc.; alternative provisions
In a county to which the provisions of G.S. 47‑32 do not apply, the following alternative provisions shall govern photostatic copies of plats filed in...
- § 47-32.2 Violation of § 47-30 or § 47-32 a misdemeanor
Any person, firm or corporation willfully violating the provisions of G.S. 47‑30 or G.S. 47‑32 shall be guilty of a Class 3 misdemeanor and upon...
- § 47-33 Certified copies of deeds made by alien property custodian may be registered
Any copy of a deed made, or purporting to be made, by the United States alien property custodian duly certified pursuant to title twenty‑eight, section...
- § 47-34 Certified copies of deeds made by alien property custodian admissible in evidence
The record of all such recorded copies of such instruments authorized in G.S. 47‑33 shall be received in evidence in all the courts of this...
- § 47-35 Register to fill in deeds on blank forms with lines
Registers of deeds shall, in registering deeds and other instruments, where printed skeletons or forms are used by the register, fill all spaces left blank...
- § 47-36 Errors in registration corrected on petition to clerk
Every person who discovers that there is an error in the registration of his grant, conveyance, bill of sale or other instrument of writing, may...
- § 47-36.1 Correction of errors in recorded instruments
Notwithstanding G.S. 47‑14 and 47‑17, an obvious typographical or other minor error in a deed or other instrument recorded with the register of deeds may...
Article 3 - Forms of Acknowledgment, Probate and Order of Registration.
- § 47-37 Repealed by Session Laws 2005-123, s. 3, effective October 1, 2005
- § 47-37.1 Other forms of proof
(a) The proof and acknowledgment forms set forth in this Article are not exclusive. Without regard to whether an instrument presented for registration was signed...
- § 47-38 Acknowledgment by grantor
When properly completed, a certificate in substantially the following form may be used and shall be sufficient under the law of this State to satisfy...
- § 47-39 Repealed by Session Laws 1977, c. 375, s. 16, effective January 1, 1978
- § 47-40 Husband's acknowledgment and wife's acknowledgment before the same officer
Where the instrument is acknowledged by both husband and wife or by other grantor before the same officer the form of acknowledgment shall be in...
- § 47-41 Repealed by Session Laws 1991, c. 647, s. 3
- § 47-41.01 Corporate conveyances
(a) The following forms of probate for deeds and other conveyances executed by a corporation shall be deemed sufficient, but shall not exclude other forms...
- § 47-41.02 Other forms of probate for corporate conveyances
(a) The following forms of probate for deeds and other conveyances executed by a corporation shall also be deemed sufficient but shall not exclude other...
- § 47-41.1 Corporate seal
All documents, including but not limited to deeds, deeds of trust, and mortgages, required or permitted by law to be executed by corporations, shall be...
- § 47-41.2 Technical defects
(a) Technical defects, including technical defects under G.S. 10B‑68, and errors or omissions in a form of probate or other notarial certificate, shall not affect...
- § 47-42 Attestation of bank conveyances by secretary or cashier
(a) Repealed by Session Laws 2002‑26, s. 1. (b) All deeds and conveyances executed prior to February 14, 1939, by banking corporations, where the cashier...
- § 47-43 Form of certificate of acknowledgment of instrument executed by attorney-in-fact
When an instrument purports to be signed by parties acting through another by virtue of the execution of a power of attorney, the following form...
- § 47-43.1 Execution and acknowledgment of instruments by attorneys or attorneys-in-fact
When an instrument purports to be executed by parties acting through another by virtue of a power of attorney, it shall be sufficient if the...
- § 47-43.2 Officer's certificate upon proof of instrument by subscribing witness
When the execution of an instrument is proved by a subscribing witness as provided by G.S. 47‑12, the certificate required by G.S. 47‑13.1 shall be...
- § 47-43.3 Officer's certificate upon proof of instrument by proof of signature of maker
When the execution of an instrument is proved by proof of the signature of the maker as provided by G.S. 47‑12.1 or as provided by...
- § 47-43.4 Officer's certificate upon proof of instrument by proof of signature of subscribing witness
When the execution of an instrument is proved by proof of the signature of a subscribing witness as provided by G.S. 47‑12.1, the certificate required...
- § 47-44 Clerk's certificate upon probate by justice of peace or magistrate
When the proof or acknowledgment of any instrument is had before a justice of the peace of some other state or territory of the United...
- § 47-45 Clerk's certificate upon probate by nonresident official without seal
When the proof or acknowledgment of any instrument is had before any official of some other state, territory or country and such official has no...
- § 47-46 Repealed by Session Laws 2005-123, s. 4, effective October 1, 2005
- § 47-46.1 Notice of satisfaction of deed of trust, mortgage, or other instrument
No particular phrasing is required for a notice of satisfaction pursuant to G.S. 45‑37(a)(5) as it was prior to October 1, 2005, a satisfaction of...
- § 47-46.2 Certificate of satisfaction of deed of trust, mortgage, or other instrument
No particular phrasing is required for a certification of satisfaction pursuant to G.S. 45‑37(a)(6) as it was in effect prior to October 1, 2005, or...
- § 47-46.3 Affidavit of lost note
No particular phrasing is required for an affidavit of lost note pursuant to G.S. 45‑36(a)(6) as it was in effect prior to October 1, 2005....
Article 4 - Curative Statutes; Acknowledgments; Probates; Registration.
- § 47-47 Defective order of registration; "same" for "this instrument"
Where instruments were admitted to registration prior to March 2, 1905, and the clerk's order for the registration used the word "same" in place of...
- § 47-48 Clerks' and registers of deeds' certificate failing to pass on all prior certificates
When it appears that the clerk of the superior court, register of deeds, or other officer having the power to probate or certify deeds, in...
- § 47-49 Defective certification or adjudication of clerk, etc., admitting to registration
In all cases where, prior to January 1, 1919, instruments by law required or authorized to be registered, with certificates showing the acknowledgment or proof...
- § 47-50 Order of registration omitted
In all cases prior to December 31, 1992, where it appears from the records of the office of the register of deeds of any county...
- § 47-50.1 Register's certificate omitted
In all cases prior to October 1, 2004, where it appears from the records of the office of the register of deeds of any county...
- § 47-51 Official deeds omitting seals
All deeds executed prior to January 1, 1991, by any sheriff, commissioner, receiver, executor, executrix, administrator, administratrix, or other officer authorized to execute a deed...
- § 47-52 Defective acknowledgment on old deeds validated
The clerk of the superior court may order registered any deed, or other conveyance of land, in all cases where the instrument and probate bears...
- § 47-53 Probates omitting official seals, etc
In all cases where the acknowledgment, private examination, or other proof of the execution of any deed, mortgage, or other instrument authorized or required to...
- § 47-53.1 Acknowledgment omitting seal of clerk or notary public
Where any person has taken an acknowledgment as either a notary public or a clerk of a superior court, deputy clerk of a superior court,...
- § 47-54 Registration by register's deputies or clerks
All registrations of instruments heretofore made in the office of register of deeds of the several counties by the register's deputy or clerk, and signed...
- § 47-54.1 Registration by register's assistants or deputies
All registrations of instruments heretofore made in the office of register of deeds of the several counties by the register's assistant or deputy, and signed...
- § 47-55 Before officer in wrong capacity or out of jurisdiction
All deeds, conveyances, or other instruments permitted by law to be registered in this State, which have been probated or ordered to be registered previous...
- § 47-56 Before justices of peace, where clerk's certificate or order of registration defective
In every case where it appears from the record of the office of any register of deeds in this State that a justice of the...
- § 47-57 Probates on proof of handwriting of maker refusing to acknowledge
All registrations of instruments, prior to February 5, 1897, permitted or required by law to be registered, which were ordered to registration upon proof of...
- § 47-58 Before judges of Supreme Court or superior courts or clerks before 1889
Wherever the judges of the Supreme Court or the superior court, or the clerks or deputy clerks of the superior court, or courts of pleas...
- § 47-59 Before clerks of inferior courts
All probates and orders of registration made by and taken before any clerk of any inferior or criminal court prior to the twentieth day of...
- § 47-60 Order of registration by judge, where clerk party
All deeds, mortgages or other instruments which prior to the twentieth day of January, 1893, have been probated by a justice of the peace and...
- § 47-61 Order of registration by interested clerk
The probate and registration of all deeds, mortgages and other instruments requiring registration prior to the fifteenth day of January, 1935, to which the clerks...
- § 47-62 Probates before interested notaries
The proof and acknowledgment of instruments required by law to be registered in the office of the register of deeds of a county, and all...
- § 47-63 Probates before officer of interested corporation
In all cases when acknowledgment or proof of any conveyance has been taken before a clerk of superior court, magistrate or notary public, who was...
- § 47-64 Probates before officers, stockholders or directors of corporations prior to January 1, 1945
No acknowledgment or proof of execution, including privy examination of married women, of any deed, mortgage or deed of trust to which instrument a corporation...
- § 47-65 Clerk's deeds, where clerk appointed himself to sell
All deeds made by any clerk of the superior court of any county or his deputy, prior to the first day of January, 1905, in...
- § 47-66 Certificate of wife's "previous" examination
All probates of deeds, letters of attorney or other instruments requiring registration to which married women were parties, had and taken prior to the fourteenth...
- § 47-67 Probates of husband and wife in wrong order
All probates prior to March 6, 1893, of instruments executed by a husband and wife in which the probate as to the husband has been...
- § 47-68 Probates of husband and wife before different officers
Where, prior to the second day of March, 1895, the probate of a deed or other instrument, executed by husband and wife, has been taken...
- § 47-69 Wife free trader; no examination or husband's assent
In all cases prior to the twenty‑fourth day of September, 1913, where a married woman who was at the time a free trader by her...
- § 47-70 By president and attested by treasurer under corporate seal
All deeds and conveyances for lands in this State, made by any corporation of this State, which have heretofore been proved or acknowledged before any...
- § 47-71 By president and attested by witness before January, 1900
Any deed or conveyance for land in this State, made prior to January 1, 1900, by the president of any corporation duly chartered under the...
- § 47-71.1 Corporate seal omitted prior to January 1, 1991
Any corporate deed, or conveyance of land in this State, made prior to January 1, 1991, which is defective only because the corporate seal is...
- § 47-72 Corporate name not affixed, but signed otherwise prior to January, 1973
In all cases prior to the first day of January, 1973, where any deed conveying lands purported to be executed by a corporation, but the...
- § 47-73 Probated and registered on oath of subscribing witness
In all cases prior to the first day of January, 1919, where any deed conveying lands was executed by a corporation, and said deed was...
- § 47-74 Certificate alleging examination of grantor instead of witness
Wherever any deed of conveyance registered prior to January 1, 1886, purports to have been attested by two witnesses and in the certificate of probate...
- § 47-75 Proof of corporate articles before officer authorized to probate
All proofs of articles of agreement for the creation of corporations which were, prior to the eighteenth day of February, 1901, made before any officer...
- § 47-76 Before officials of wrong state
In all cases where the acknowledgment, examination and probate of any deed, mortgage, power of attorney or other instrument required or authorized to be registered...
- § 47-77 Before notaries and clerks in other states
All deeds and conveyances made for lands in this State which have, previous to February 15, 1883, been proved before a notary public or clerk...
- § 47-78 Acknowledgment by resident taken out-of-state
When prior to the ninth day of March, 1895, a deed or mortgage executed by a resident of this State has been proved or acknowledged...
- § 47-79 Before deputy clerks of courts of other states
Where any deed or conveyance of lands in this State, executed prior to January 1, 1923, has been acknowledged by the grantor or the privy...
- § 47-80 Sister state probates without Governor's authentication
In all cases where any deed concerning lands or any power of attorney for the conveyance of the same, or any other instrument required or...
- § 47-81 Before commissioners of deeds
Any deed or other instrument permitted by law to be registered, and which has prior to the third day of March, 1913, been proved or...
- § 47-81.1 Before commissioner of oaths
All deeds, mortgages or other instruments required to be registered, which prior to March 5, 1943, have been probated by a commissioner of oaths and...
- § 47-81.2 Before army, etc., officers
In all cases where instruments and writings have been proved or acknowledged before any officer of the army of the United States or United States...
- § 47-82 Foreign probates omitting seals
In all cases where the acknowledgment, privy examination or other proof of the execution of any instrument authorized or required to be registered has been...
- § 47-83 Before consuls general
Any deed or other instrument permitted by law to be registered, and which has prior to the thirteenth day of October, 1913, been proved or...
- § 47-84 Before vice-consuls and vice-consuls general
The order for registration by the clerk of the superior court and the registration thereof of all deeds of conveyance and other instruments in any...
- § 47-85 Before masters in chancery
All probates, acknowledgments, and private examinations of deeds and conveyances of land heretofore taken before masters in equity or masters in chancery in any other...
- § 47-85.1 Further as to acknowledgments, etc., before masters in chancery
All probates, acknowledgments and privy examinations of deeds, mortgages and conveyances of land, which prior to January 1, 1948 have been taken before masters in...
- § 47-86 Validation of probate of deeds by clerks of courts of record of other states, where official seal is omitted
In all cases where, prior to the first day of January, 1891, the acknowledgment, privy examination of a married woman, or other proof of the...
- § 47-87 Validation of probates by different officers of deeds by wife and husband
In all cases where, prior to the second day of March, 1895, the acknowledgment, privy examination of a married woman, or other proof of the...
- § 47-88 Registration without formal order validated
In all cases where the acknowledgment, privy examination of a married woman, or other proof of the execution of any deed, mortgage or other instrument,...
- § 47-89 Same subject
In all cases where any deed, mortgage or other instrument has heretofore been acknowledged or probated in accordance with the provisions of G.S. 47‑87 and...
- § 47-90 Validation of acknowledgments taken by notaries public holding other office
In every case where deeds or other instruments have been acknowledged before a notary public, when the notary public, at the time was also holding...
- § 47-91 Validation of certain probates of deeds before consular agents of the United States
In all cases where the acknowledgment, privy examination of a married woman, or other proof of the execution of any deed, mortgage or other instrument...
- § 47-92 Probates before stockholders and directors of banks
No acknowledgment or proof of execution, including privy examination of married women, of any mortgage, or deed of trust executed to secure the payment of...
- § 47-93 Acknowledgments taken by stockholder, officer, or director of bank
No acknowledgment or proof of execution, including privy examination of married women, of any mortgage or deed of trust executed to secure the payment of...
- § 47-94 Acknowledgment and registration by officer or stockholder in building and loan or savings and loan association
All acknowledgments and proofs of execution, including privy examination of married women, of any mortgage or deed of trust executed to secure the payment of...
- § 47-95 Acknowledgments taken by notaries interested as trustee or holding other office
In every case where deeds and other instruments have been acknowledged and privy examination of wives had before notaries public, or justices of the peace,...
- § 47-96 Validation of instruments registered without probate
In every case where it shall appear from the records in the office of the register of deeds of any county in the State that...
- § 47-97 Validation of corporate deed with mistake as to officer's name
In all cases where the deed of a corporation executed before the first day of January, 1918, is properly executed, properly recorded and there is...
- § 47-97.1 Validation of corporate deeds containing error in acknowledgment or probate
In all cases where the deed of a corporation executed and filed for registration prior to the fifteenth day of June, 1947, is properly executed...
- § 47-98 Registration on defective probates beyond State
In every case where it shall appear from the records in the office of the register of deeds of any county in this State that...
- § 47-99 Certificates of clerks without seal
All certificates of acknowledgment and all verifications of pleadings, affidavits, and other instruments executed by clerks of the superior court of the State prior to...
- § 47-100 Acknowledgments taken by officer who was grantor
In all cases where a deed or deeds dated prior to the first day of January, 1980, purporting to convey lands, have been registered in...
- § 47-101 Seal of acknowledging officer omitted; deeds made presumptive evidence
In all cases where deeds appear to have been executed for land prior to January 1, 1900, and appear to have been recorded in the...
- § 47-102 Absence of notarial seal
Any deed executed prior to the first day of January, 1945, and duly acknowledged before a North Carolina notary public, and the probate recites "witness...
- § 47-103 Deeds probated and registered with notary's seal not affixed, validated
Any deed conveying or affecting real estate executed prior to January 1, 1932, and ordered registered and recorded in the county in which the land...
- § 47-104 Acknowledgments of notary holding another office
In every case where deeds or other instruments have been acknowledged before a notary public, when the notary public at the time was also holding...
- § 47-105 Acknowledgment and private examination of married woman taken by officer who was grantor
In all cases where a deed or deeds of mortgages or other conveyances of land dated prior to the first day of January, 1926, purporting...
- § 47-106 Certain instruments in which clerk of superior court was a party, validated
In all cases where a deed, or other conveyance of land dated prior to the first day of January, 1918, purporting to convey land, wherein...
- § 47-107 Validation of probate and registration of certain instruments where name of grantor omitted from record
Whenever any deed, deed of trust, conveyance or other instrument permitted by law to be registered in this State has been registered for a period...
- § 47-108 Acknowledgments before notaries under age
All acts of notaries public for the State of North Carolina who were not yet 21 years of age at the time of the performance...
- § 47-108.1 Certain corporate deeds, etc., declared validly admitted to record
Deeds, conveyances and other instruments of writing of corporations entitled to registration, which have been heretofore duly executed in the manner required by law, by...
- § 47-108.2 Acknowledgments and examinations before notaries holding some other office
In every case where deeds or other instruments have been acknowledged, and where privy examination of wives had, before a notary public, when the notary...
- § 47-108.3 Validation of acts of certain notaries public prior to November 26, 1921
In all cases where prior to November 26, 1921, instruments by law, or otherwise, required, permitted or authorized to be registered, certified, probated, recorded or...
- § 47-108.4 Acknowledgments, etc., of instruments of married women made since February 7, 1945
All acknowledgments, probates and registrations of instruments wherein any married woman was a grantor, including deeds and mortgages on land, made since February 7, 1945,...
- § 47-108.5 Validation of certain deeds executed in other states where seal omitted
All deeds to lands in North Carolina, executed prior to January 1, 1991, without seal attached to the maker's name, which deeds were acknowledged in...
- § 47-108.6 Validation of certain conveyances of foreign dissolved corporations
In all cases when, prior to the first day of January, 1947, any dissolved foreign corporation has, prior to its dissolution, by deed of conveyance...
- § 47-108.7 Validation of acknowledgments, etc., by deputy clerks of superior court
All acts heretofore performed by deputy clerks of the superior court in taking acknowledgments, examining witnesses and probating wills, deeds and other instruments required or...
- § 47-108.8 Acts of registers of deeds or deputies in recording plats and maps by certain methods validated
All acts heretofore performed by a register of deeds, or a deputy register of deeds in recording plats and maps by transcribing a correct copy...
- § 47-108.9 Validation of probate of instruments pursuant to § 47-12
The probates of all instruments taken on and after February 7, 1945, in accordance with the provisions of G.S. 47‑12, as amended by section 11...
- § 47-108.10 Validation of registration of plats upon probate in accordance with § 47-30
The registration of all plats which have prior to February 6, 1953, been admitted to registration upon probate thereof, in accordance with the provisions of...
- § 47-108.11 Validation of recorded instruments where seals have been omitted
In all cases of any deed, deed of trust, mortgage, lien or other instrument authorized or required to be registered in the office of the...
- § 47-108.12 Validation of instruments acknowledged before United States commissioners
All deeds, mortgages, or other instruments permitted or required by law to be registered, which prior to January 1, 1933, have been proved or acknowledged...
- § 47-108.13 Validation of certain instruments registered prior to January 1, 1934
In all cases where prior to January 1, 1934 instruments by law required or authorized to be registered show the signatures and seal of each...
- § 47-108.14 Conveyances by the United States acting by and through the General Services Administration
The United States of America, acting by and through the General Services Administration may convey lands and other property in the State of North Carolina...
- § 47-108.15 Validation of registration of instruments filed before order of registration
All deeds, deeds of trust, mortgages, chattel mortgages, contracts and all other instruments required or permitted by law to be registered which have heretofore been...
- § 47-108.16 Validation of certain deeds executed by nonresident banks
All deeds and other conveyances of land in this State executed on behalf of banks not incorporated in the State of North Carolina, by a...
- § 47-108.17 Validation of certain deeds where official capacity not designated
In all cases where an executor, executrix, administrator, administratrix, guardian or commissioner has executed a deed, deed of trust or other instrument of conveyance permitted...
- § 47-108.18 Registration of certain instruments containing a notarial jurat validated
A notarial jurat constitutes an acknowledgment in due form for all plats or maps that have heretofore been accepted for filing and registration under G.S....
- § 47-108.19 Validation of certain maps and plats that cannot be copied
All maps and plats registered before June 1, 1983, pursuant to G.S. 47‑30 that met all of the requirements of that statute except that they...
- § 47-108.20 Validation of certain recorded instruments that were not acknowledged
All instruments recorded before June 30, 1986, that were not reexecuted and reacknowledged and that correct an obvious typographical or other minor error in a...
- § 47-108.21 Sales for 1930 on dates other than first Monday in June validated
All sales of land for failure to pay taxes held or conducted by any sheriff or any tax collector of any county, city, town, or...
- § 47-108.22 Tax sales for 1931-32 on day other than law provides and certificates validated
All sales of land for failure to pay taxes held or conducted by any sheriff or any tax collector of any county, city, town, or...
- § 47-108.23 Tax sales for 1933-34 and certificates validated
All sales of land for failure to pay taxes held or conducted by any sheriff or any tax collector of any county, city, town, or...
- § 47-108.24 Notices of sale for taxes by publication validated
All sales of real property under tax certificate foreclosures made between January 1, 1927, and March 13, 1937, where the original notice of sale was...
- § 47-108.25 Validation of sales and resales held pursuant to § 105-374
All sales or resales held prior to April 14, 1951, pursuant to G.S. 105‑374, where the advertisement was in accordance with G.S. 1‑327 and 1‑328...
- § 47-108.26 Validation of reconveyances of tax foreclosed property by county boards of commissioners
The action of county boards of commissioners taken prior to March 20, 1951, reconveying tax foreclosed property by private sale to the former owners or...
Article 5 - Registration of Official Discharges from the Military and Naval Forces of the United States.
- § 47-109 Book for record of discharges in office of register of deeds; specifications
There shall be provided, and at all times maintained, in the office of the register of deeds of each county in North Carolina a special...
- § 47-110 Registration of official discharge or certificate of lost discharge
Upon the presentation to the register of deeds of any county of any official discharge, or official certificate of lost discharge, from the army, navy,...
- § 47-111 Inquiry by register of deeds; oath of applicant
If any register of deeds shall be in doubt as to whether or not any paper so presented for registration is an official discharge from...
- § 47-112 Forgery or alteration of discharge or certificate; punishment
Any person who shall forge, or in any manner alter any discharge or certificate of lost discharge issued by the government of the United States,...
- § 47-113 Certified copy of registration
Any person desiring a certified copy of any such discharge, or certificate of lost discharge, registered under the provisions of this Article shall apply for...
- § 47-113.1 Repealed by Session Laws 2003-248, s. 1, effective January 1, 2004
- § 47-113.2 Restricting access to military discharge documents
(a) All military discharge documents filed on or after January 1, 2004, shall be considered a public record, but for confidential safekeeping and restricted access...
- § 47-114 Payment of expenses incurred
The county commissioners of each county are hereby authorized and empowered in their discretion to appropriate from the general fund of the county an amount...
Article 6 - Registration and Execution of Instruments Signed under a Power of Attorney.
Article 7 - Private Examination of Married Women Abolished.
Article 8 - Memoranda of Leases and Options.
- § 47-117 Forms do not preclude use of others; adaptation of forms
(a) The form prescribed in this Article does not exclude the use of other forms which are sufficient in law. (b) The prescribed form may...
- § 47-118 Forms of registration of lease
(a) A lease of land or land and personal property may be registered by registering a memorandum thereof which shall set forth: (1) The names...
- § 47-119 Form of memorandum for option to purchase real estate
An option to purchase real estate may be registered by registering a memorandum thereof which shall set forth: (1) The names of the parties thereto;...
- § 47-120 Memorandum as notice
Such memorandum of an option to purchase real estate, or lease as proposed by G.S. 47‑118 or 47‑119, when executed, acknowledged, delivered and registered as...
