North Carolina General Statutes Chapter 39 Conveyances

Article 1 - Construction and Sufficiency.

  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 39-3.   Repealed by Session Laws 1961, c. 52
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...

Article 2 - Conveyances by Husband and Wife.

  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 39-10.   Repealed by Session Laws 1977, c. 375, s. 16
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 39-14.   Repealed by Session Laws 1943, c. 543

Article 3 - Fraudulent Conveyances.

  • N.C. Gen. Stat. § 39-15 through 39-23.   Repealed by Session Laws 1997-291, s. 1

Article 3A - Uniform Fraudulent Transfer Act.

  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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....
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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)...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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.

  • N.C. Gen. Stat. § 39-24, 39-25.   Repealed by Session Laws 2006-226, s. 2(a), effective January 1, 2007
  • N.C. Gen. Stat. § 39-26.   Recodified as G.S. 59B-15(a) by Session Laws 2006-226, s. 2(b), effective January 1, 2007
  • N.C. Gen. Stat. § 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.

  • N.C. Gen. Stat. § 39-28 through 39-32.   Repealed by Session Laws 1981, c. 358

Article 5A - Control Corners in Real Estate Developments.

  • N.C. Gen. Stat. § 39-32.2.   Control corners fixed at time of recording plat or prior to sale
    Such control corner or corners, as described in G.S. 39-32.1, and such permanent marker or markers, as described in G.S. 39-32.1, must be designated...
  • N.C. Gen. Stat. § 39-32.3.   Recordation of plat showing control corners
    Upon designating a control corner and affixing a permanent marker, said person, firm or corporation shall cause to be filed in the office of...
  • N.C. Gen. Stat. § 39-32.4.   Description of land by reference to control corner; use of control corner to fix distances and boundaries prima facie evidence of correct method
    Any lot or lots sold or otherwise transferred at the time of or subsequent to the establishment of a control corner may be described...

Article 6 - Power of Appointment.

  • N.C. Gen. Stat. § 39-33.   Method of release or limitation of power
    A release or limitation of a power of appointment with respect to real or personal property exercisable by deed or will or otherwise may...
  • N.C. Gen. Stat. § 39-34.   Method prescribed in 39-33 not exclusive
    The method of release prescribed in G.S. 39-33 is not exclusive, and this Article shall not invalidate or be construed to invalidate any instrument...
  • N.C. Gen. Stat. § 39-35.   Requisites of release or limitation as against creditors and purchasers for value
    No release or limitation of a power of appointment after March 8, 1943, which is made by the owner of the legal title to...
  • N.C. Gen. Stat. § 39-36.   Necessity for actual notice of release or limitation to bind fiduciary
    No fiduciary having possession or control of property over which a power of appointment is exercisable shall be bound or affected by any release...

Article 7 - Uniform Vendor and Purchaser Risk Act.

  • N.C. Gen. Stat. § 39-37.   Short title
    This Article may be cited as the Uniform Vendor and Purchaser Risk Act. (1959, c. 514.)
  • N.C. Gen. Stat. § 39-38.   Uniformity of interpretation
    This Article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact...
  • N.C. Gen. Stat. § 39-39.   Risk of loss
    Any contract hereafter made in this State for the purchase and sale of realty shall be interpreted as including an agreement that the parties...
  • N.C. Gen. Stat. § 39-40.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 39-41.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 39-42.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 39-43.   Reserved for future codification purposes

Article 8 - Business Trusts.

  • N.C. Gen. Stat. § 39-44.   Definition
    The term "business trust" whenever used or referred to in this Article shall mean any unincorporated association, including an Illinois land trust, a Delaware...
  • N.C. Gen. Stat. § 39-45.   Authority to acquire and hold real estate
    Business trusts are hereby authorized and empowered to acquire real estate and interests therein and to hold the same in their trust names and...
  • N.C. Gen. Stat. § 39-46.   Title vested; conveyance; probate
    (a) Where real estate has been or may be hereafter conveyed to a business trust in its trust name or in the names of...
  • N.C. Gen. Stat. § 39-47.   Prior deeds validated
    All deeds, leases, mortgages, deeds of trust or other conveyances heretofore executed in conformity with this Article and which are proper in all other...
  • N.C. Gen. Stat. § 39-48.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 39-49.   Reserved for future codification purposes

Article 9 - Disclosure.

  • N.C. Gen. Stat. § 39-50.   Death, illness, or conviction of certain crimes not a material fact
    In offering real property for sale it shall not be deemed a material fact that the real property was occupied previously by a person...
  • N.C. Gen. Stat. § 39-51 through 39-59.   Reserved for future codification purposes

Article 10 - Real Property Tax Proration.

  • N.C. Gen. Stat. § 39-60.   Property tax proration on sale of real property
    Unless otherwise provided by contract, property taxes on the real property being sold shall be prorated between the seller and buyer of the real...

Last modified: March 23, 2014