North Carolina · statute · N.C. Gen. Stat. ch. 39 · 49 active provisions
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" is used or not, unless such conveyance in plain and express words shows, or it is plainly intended by the conveyance or some part thereof, that t…
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 on the basis of the intent of the parties as it appears from all of the provisions o…
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 thing intended to be granted by reason of the use of the word "adjoining" instead of the words "bounded by," or for the reason that the bou…
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 entitled in law to have a conveyance of such estate, or may be declared to be seized or possessed, in the course of any proceeding in the superior court, t…
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 a proper deed therefor, he may execute the same after his term of office has expired; and when he di…
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, at any time before he comes into being, revoke by deed such interest so conveyed or limited. This deed of revocati…
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 deed of revocation may be in conflict with the provisions of G.S. 39…
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 transfer. (1953, c. 198.)
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 is future or contingent. All future interests in real or personal property, including all reversions, exec…
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 of record burdening or benefiting the same interest in real property. (b) Subsection (a) of this section sha…
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 not affect the requirement for affixing a seal of the officer taking an acknowledgment of the instrument. (1999-221, s. 2.)
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, or other financial terms. (b) The trustee of a deed of trust shall not be a necessary party to a subordination agreement unless the deed of…
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 personal property to a trust shall be deemed to be a transfer to the trustee or trustees of that trust. (b) A d…
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 affecting the estate, right or title of any married person in lands, tenements or hereditaments must b…
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 executed by such married woman prior to June 8, 1965, shall be invalid for…
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 and due proof or acknowledgment of the wife may be taken before different offi…
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 duly taken, but no such instrument shall be the act or deed of the wife unless proven or acknowledged by h…
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, 1889, if the acknowledgment or private examination of the wife is thereto certified…
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 the real and personal property of such married person naming either third parties or, subject to the provisions of G.S.…
Spouse need not join in purchase-money mortgage. A mortgage or deed of trust given by the purchaser of real property to secure a loan, the proceeds of which were used to pay all or a portion of the purchase price of the encumbered real property, regardless of whether the secured party is the seller of the real property…
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 to take the private examination of any married woman who was a par…
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 18 years of age or older to: (1) Waive, release or renounce by deed or oth…
Conveyances between husband and wife. (a) A conveyance from a husband or wife to the other spouse of real property or any interest in real property owned by the grantor alone vests the property or interest in the grantee. The conveyance does not waive or release any of the following rights or claims that the grantor ma…
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 which authorizes said husband or wife to convey real property or any interest therein without the consent and joind…
Control of real property held in tenancy by the entirety. (a) Recodified as G.S. 41-58 by Session Laws 2020-50, s. 1(b), effective June 30, 2020. (b) Recodified as G.S. 41-56(a) by Session Laws 2020-50, s. 1(b), effective June 30, 2020. (c) Recodified as G.S. 41-59(b) by Session Laws 2020-50, s. 1(b), effective June 30…