North Carolina General Statutes Chapter 43 Land Registration

Article 1 - Nature of Proceeding.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...

Article 2 - Officers and Fees.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...

Article 3 - Procedure for Registration.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...

Article 4 - Registration and Effect.

N.C. Gen. Stat. § 43-13. Manner of registration
(a) The register of deeds shall register and index, as hereinafter provided, the decree of title before mentioned and all subsequent transfers of title,...
N.C. Gen. Stat. § 43-14. Cross-indexing of lands by registers of deeds
Where any land is brought into the Torrens System and under said System is registered in the public records of the register's office, said...
N.C. Gen. Stat. § 43-15. Certificate issued
Upon the registration of such decree the register of deeds shall issue an owner's certificate of title, under the seal of his office, which...
N.C. Gen. Stat. § 43-16. Certificates numbered; entries thereon
All certificates of title to land in the county shall be numbered consecutively, which number shall be retained as long as the boundaries of...
N.C. Gen. Stat. § 43-17. New certificate issued, if original lost
Whenever an owner's certificate of title is lost or destroyed, the owner or his personal representative may petition the court for the issuance of...
N.C. Gen. Stat. § 43-17.1. Issuance of certificate upon death of registered owner; petition and contents; dissolution of corporation; certificate lost or not received by grantee
Upon the death of any person who is the registered owner of any estate or interest in land which has been brought under this...
N.C. Gen. Stat. § 43-17.2. Publication of notice; service of process
Upon the filing of such duly verified petition, the petitioner shall cause to be published once a week for four weeks, in some newspaper...
N.C. Gen. Stat. § 43-17.3. Answer by person claiming interest
Any person asserting a claim or any interest in such registered land may, at any time prior to the hearing provided for in G.S....
N.C. Gen. Stat. § 43-17.4. Hearing by clerk of superior court; orders and decrees; cancellation of old certificate and issuance of new certificate
The clerk of the superior court shall hear and determine all matters presented upon the petition and such pleadings as may be filed in...
N.C. Gen. Stat. § 43-17.5. Issuance of new certificate validated
Whenever heretofore any registered certificate of title has been surrendered by the heirs or devisees of any deceased registered owner of any registered title...
N.C. Gen. Stat. § 43-18. Registered owner's estate free from adverse claims; exceptions
Every registered owner of any estate or interest in land brought under this Chapter shall, except in cases of fraud to which he is...
N.C. Gen. Stat. § 43-19. Adverse claims existing at initial registry; affidavit; limitation of action
Any person making any claim to or asserting any lien or charge upon registered land, existing at the initial registry of the same and...
N.C. Gen. Stat. § 43-20. Decree and registration run with the land
The obtaining of a decree of registration and the entry of a certificate of title shall be construed as an agreement running with the...
N.C. Gen. Stat. § 43-21. No right by adverse possession
No title to nor right or interest in registered land in derogation of that of the registered owner shall be acquired by prescription or...
N.C. Gen. Stat. § 43-22. Jurisdiction of courts; registered land affected only by registration
Except as otherwise specially provided by this Chapter, registered land and ownership therein shall be subject to the jurisdiction of the courts in the...
N.C. Gen. Stat. § 43-23. Priority of right
In case of conflicting claims between the registered owners the right, title or estate derived from or held under the older certificate of title...
N.C. Gen. Stat. § 43-24. Compliance with this Chapter due registration
When the provisions of this Chapter have been complied with, all conveyances, deeds, contracts to convey or leases shall be considered duly registered, as...
N.C. Gen. Stat. § 43-25. Release from registration
Whenever the record owner of any estate in lands, the title to which has been registered or attempted to be registered in accordance with...

Article 5 - Adverse Claims and Corrections after Registration.

N.C. Gen. Stat. § 43-26. Limitations
No decree of registration heretofore entered, and no certificate of title heretofore issued pursuant thereto, shall be adjudged invalid, revoked, or set aside, unless...
N.C. Gen. Stat. § 43-27. Adverse claim subsequent to registry; affidavit of claim prerequisite to enforcement; limitation
Any person claiming any right, title, or interest in registered land adverse to the registered owner thereof, arising subsequent to the date of the...
N.C. Gen. Stat. § 43-28. Suit to enforce adverse claim; summons and notice necessary
Upon the institution of any action or proceeding to enforce such adverse claim, notice thereof shall be served upon the register of deeds, who...
N.C. Gen. Stat. § 43-29. Judgment in suit to enforce adverse claim; register to file
The court shall certify its judgment to the register of deeds; if such adverse claim be held valid, the register of deeds shall make...
N.C. Gen. Stat. § 43-30. Correction of registered title; limitation of adverse claims
Any registered owner or other claimant under the registered title may at any time apply to the court in which the original decree was...

Article 6 - Method of Transfer.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...

Article 7 - Liens upon Registered Lands.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 43-47. Repealed by Session Laws 1999-59, s. 8
N.C. Gen. Stat. § 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...

Article 8 - Assurance Fund.

N.C. Gen. Stat. § 43-49. Assurance fund provided; investment
Upon the original registration of land and also upon the entry of certificate showing the title as registered owners in heirs or devisees, there...
N.C. Gen. Stat. § 43-50. Action for indemnity
Any person who, without negligence on his part, sustains loss or damage or is deprived of land, or of any estate or interest therein,...
N.C. Gen. Stat. § 43-51. Satisfaction by third person or by Treasurer
If there are defendants other than the State Treasurer, and judgment is rendered in favor of the plaintiff and against the Treasurer and some...
N.C. Gen. Stat. § 43-52. Payment by Treasurer, if assurance fund insufficient
If the assurance fund shall be insufficient at any time to meet the amount called for by any such certificate, the Treasurer shall pay...
N.C. Gen. Stat. § 43-53. Treasurer subrogated to right of claimant
In every case of payment by the Treasurer from the assurance funds under the provisions of this Chapter the Treasurer shall be subrogated to...
N.C. Gen. Stat. § 43-54. Assurance fund not liable for breach of trust; limit of recovery
The assurance fund shall not be liable to pay any loss, damage or deprivation occasioned by a breach of trust, whether expressed, constructive or...
N.C. Gen. Stat. § 43-55. Statute of limitation as to assurance fund
Action for compensation from the assurance fund shall be begun within three years from the time the cause of action accrued. In cases of...

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

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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.)
N.C. Gen. Stat. § 43-58 through 43-62. Reserved for future codification purposes

Article 10 - Instruments Describing Party as Trustee or Agent.

N.C. Gen. Stat. § 43-63. When instrument describing party as trustee or agent not to operate as notice of limitation upon powers of such party
When any instrument affecting title to real estate describes a party as trustee or agent, or otherwise indicates that a party is or may...
N.C. Gen. Stat. § 43-64. Application of Article; filing notice of claim; application of � 47B-6
This Article shall apply to instruments recorded before or after May 15, 1975, but shall not bar any claim based on notice given by...

Last modified: March 23, 2014