58-2201. Who deemed seized and possessed of lands. All persons owning lands not held by an adverse possession, shall be deemed to be seized and possessed of the same. History: G.S. 1868, ch. 22, § 1; Oct. 31; R.S. 1923, 67-201.
58-2202. Term “heirs” not necessary to estate in fee simple; what shall pass in conveyance of real estate. The term “heirs,” or other words of inheritance, shall not be necessary to create or convey an estate in fee simple; and every conveyance of real estate shall pass all the estate of the grantor therein, unless […]
58-2203. Form of warranty deed. Any conveyance of lands, worded in substance as follows: A.B. conveys and warrants to C.D. (here describe the premises), for the sum of (here insert the consideration), the said conveyance being dated, duly signed and acknowledged by the grantor, shall be deemed and held a conveyance in fee simple to […]
58-2204. Form of quitclaim deed. Any conveyance of lands, worded in substance as follows: A.B. quitclaims to C.D. (here describe the premises), for the sum of (here insert the consideration), the said conveyance being duly signed and acknowledged by the grantor, shall be deemed to be a good and sufficient conveyance in quitclaim to the […]
58-2205. How conveyances executed and acknowledged. Conveyances of land, or of any other estate or interest therein, may be made by deed, executed by any person having authority to convey the same, or by that person’s agent or attorney, and may be acknowledged and recorded as herein directed, without any other act or ceremony whatever. […]
58-2206. Corporation conveyances executed prior to 1887 validated. All deeds, contracts and conveyances executed and acknowledged by private corporations, under and pursuant to section four of chapter twenty-two of the General Statutes of 1868, be and the same are hereby ratified and confirmed; and all instruments of writing executed and acknowledged under and pursuant to […]
58-2207. Title acquired after conveyance passes to grantee, when. Where a grantor by the terms of his or her deed undertakes to convey to the grantee an indefeasible estate in fee simple absolute, and shall not at the time of such conveyance have the legal title to the estate sought to be conveyed, but shall […]
58-2208. Adverse possession; interest may be conveyed notwithstanding. Any person claiming title to real estate may, notwithstanding there may be an adverse possession thereof, sell and convey his or her interest therein, in the same manner and with like effect as if he or she was in the actual possession thereof. History: G.S. 1868, ch. […]
58-2209. Conveyance of real estate; signature required. All deeds or other conveyances of lands, or of any estate or interest therein, shall be subscribed by the party granting the same, or by the party’s lawful agent or attorney, and may be acknowledged or proved and certified in the manner prescribed by the revised uniform law […]
58-2210. Creation of trusts or powers, how executed. Declarations or creations of trusts or powers, in relation of real estate, must be executed in the same manner as deeds of conveyance; but this provision does not apply to trusts resulting from the operation or construction of law. History: G.S. 1868, ch. 22, § 8; Oct. […]
58-2211. Acknowledgment of instrument relating to real estate. All conveyances, and other instruments affecting real estate must be acknowledged before a person authorized by the revised uniform law on notarial acts to perform notarial acts or, if acknowledged within this state, by a county clerk, register of deeds or mayor or clerk of an incorporated […]
58-2214. Unacknowledged deed; proof of execution and delivery. If the grantor die before acknowledging the deed, or if for any other reason the grantor’s attendance cannot be procured, in order to make the acknowledgment, or if, having appeared, the grantor refuses to acknowledge it, proof of the due execution and delivery of the deed may […]
58-2215. Same; before whom proof made. Such proof may be made before any court or officer authorized to take acknowledgments as aforesaid. History: G.S. 1868, ch. 22, § 13; Oct. 31; R.S. 1923, 67-215.
58-2216. Same; certificate, contents. The certificate endorsed upon the deed thus proved must state: First. The title of the court or officer taking the proof. Second. That it was satisfactorily proved that the grantor was dead, or that, for some other cause, the grantor’s attendance could not be procured, in order to make the acknowledgment, […]
58-2217. How certificates must be given. The certificate of proof or acknowledgment, as aforesaid, may be given under seal or otherwise, according to the mode by which the courts or officers granting the same usually authenticate their official acts. History: G.S. 1868, ch. 22, § 15; Oct. 31; R.S. 1923, 67-217.
58-2218. False statement and certificate; penalty. Any officer who knowingly states a material untruth, in either of the certificates herein contemplated, may be indicted, and fined in any sum not exceeding the value of the property conveyed or otherwise affected by the instrument on which such certificate is endorsed. History: G.S. 1868, ch. 22, § […]
58-2219. Subpoena of witnesses. Any court or officer having power to take the proof herein contemplated may issue the necessary subpoenas, and compel the attendance of witnesses residing within the county by attachment, if necessary. History: G.S. 1868, ch. 22, § 17; Oct. 31; R.S. 1923, 67-219.
58-2221. Recordation of instruments conveying or affecting real estate; duties of register of deeds. Every instrument in writing that conveys: (a) Real estate; (b) any estate or interest created by an oil and gas lease; (c) any estate or interest created by any lease or easement involving wind resources and technologies to produce and generate […]
58-2222. Same; filing imparts notice. Every such instrument in writing, certified and recorded in the manner hereinbefore prescribed, shall, from the time of filing the same with the register of deeds for record, impart notice to all persons of the contents thereof; and all subsequent purchasers and mortgagees shall be deemed to purchase with notice. […]
58-2223. Same; unrecorded instrument valid only between parties having actual notice. No such instrument in writing shall be valid, except between the parties thereto, and such as have actual notice thereof, until the same shall be deposited with the register of deeds for record. History: G.S. 1868, ch. 22, § 21; Oct. 31; R.S. 1923, […]