Such marketable record titleshall not affect or extinguish the following rights:
(1) Rights, estates,interests, claims or charges disclosed by and defects inherent in the munimentsof title of which such 30‑year chain of record title is formed, provided,however, that a general reference in any of such muniments to rights, estates,interests, claims or charges created prior to such 30‑year period shallnot be sufficient to preserve them unless specific identification by referenceto book and page or record be made therein to a recorded title transactionwhich imposed, transferred or continued such rights, estates, interests, claimsor charges.
(2) Rights, estates,interests, claims or charges preserved by the filing of a proper notice inaccordance with the provisions of G.S. 47B‑4.
(3) Rights, estates,interests, claims or charges of any person who is in present, actual and openpossession of the real property so long as such person is in such possession.
(4) Rights of any personwho likewise has a marketable record title as defined in G.S. 47B‑2 andwho is listed as the owner of such real property on the tax books of the countyin which the real property is located at the time that marketability is to beestablished.
(5) Rights of any ownersof mineral rights.
(6) Rights‑of‑wayof any railroad company (irrespective of nature of its title or interesttherein whether fee, easement, or other quality) and all real estate other thanright‑of‑way property of a railroad company in actual use forrailroad purposes or being held or retained for prospective future use forrailroad operational purposes. The use by any railroad company or the holdingfor future use of any part of a particular tract or parcel of right‑of‑wayor non‑right‑of‑way property shall preserve the interest ofthe railway company in the whole of such particular tract or parcel.Operational use is defined as railroad use requiring proximity and access torailroad tracts. Nothing in this section shall be construed as repealing G.S. 1‑44.1.
(7) Rights, interests,or servitudes in the nature of easements, rights‑of‑way or terminalfacilities of any railroad (company or corporation) obtained by the terms ofits charter or through any other congressional or legislative grant not otherwiseextinguished.
(8) Rights of any person who has an easement orinterest in the nature of an easement, whether recorded or unrecorded andwhether possessory or nonpossessory, when such easement or interest in thenature of an easement is for any one of the following purposes:
a. Flowage, flooding orimpounding of water, provided that the watercourse or body of water, which sucheasement or interest in the nature of an easement serves, continues to exist.
b. Placing andmaintaining lines, pipes, cables, conduits or other appurtenances which areeither aboveground, underground or on the surface and which are useful in theoperation of any water, gas, natural gas, petroleum products, or electricgeneration, transmission or distribution system, or any sewage collection ordisposal system, or any telephone, telegraph or other communications system, orany surface water drainage or disposal system whether or not the existence ofthe same is clearly observable by physical evidence of its use.
c. Conserving land orwater areas pursuant to a conservation agreement or preserving a structure orsite pursuant to a preservation agreement under Article 4 of Chapter 121 of theGeneral Statutes.
(9) Rights, titles orinterests of the United States to the extent that the extinguishment of suchrights, titles or interest is prohibited by the laws of the United States.
(10) Rights, estates,interests, claims or charges created subsequent to the beginning of such 30‑yearperiod.
(11) Deeds of trust,mortgages and security instruments or security agreements duly recorded and nototherwise unenforceable.
(12) Rights, estates,interests, claims or charges with respect to any real property registered underthe Torrens Law as provided by Chapter 43 of the General Statutes of North Carolina.
(13) Covenants applicableto a general or uniform scheme of development which restrict the property toresidential use only, provided said covenants are otherwise enforceable. Theexcepted covenant may restrict the property to multi‑family or single‑familyresidential use or simply to residential use. Restrictive covenants other thanthose mentioned herein which limit the property to residential use only are notexcepted from the provisions of Chapter 47B. (1973, c. 255, s. 1; 1995, c. 443, s. 3.)
Such marketable record titleshall not affect or extinguish the following rights:
(1) Rights, estates,interests, claims or charges disclosed by and defects inherent in the munimentsof title of which such 30‑year chain of record title is formed, provided,however, that a general reference in any of such muniments to rights, estates,interests, claims or charges created prior to such 30‑year period shallnot be sufficient to preserve them unless specific identification by referenceto book and page or record be made therein to a recorded title transactionwhich imposed, transferred or continued such rights, estates, interests, claimsor charges.
(2) Rights, estates,interests, claims or charges preserved by the filing of a proper notice inaccordance with the provisions of G.S. 47B‑4.
(3) Rights, estates,interests, claims or charges of any person who is in present, actual and openpossession of the real property so long as such person is in such possession.
(4) Rights of any personwho likewise has a marketable record title as defined in G.S. 47B‑2 andwho is listed as the owner of such real property on the tax books of the countyin which the real property is located at the time that marketability is to beestablished.
(5) Rights of any ownersof mineral rights.
(6) Rights‑of‑wayof any railroad company (irrespective of nature of its title or interesttherein whether fee, easement, or other quality) and all real estate other thanright‑of‑way property of a railroad company in actual use forrailroad purposes or being held or retained for prospective future use forrailroad operational purposes. The use by any railroad company or the holdingfor future use of any part of a particular tract or parcel of right‑of‑wayor non‑right‑of‑way property shall preserve the interest ofthe railway company in the whole of such particular tract or parcel.Operational use is defined as railroad use requiring proximity and access torailroad tracts. Nothing in this section shall be construed as repealing G.S. 1‑44.1.
(7) Rights, interests,or servitudes in the nature of easements, rights‑of‑way or terminalfacilities of any railroad (company or corporation) obtained by the terms ofits charter or through any other congressional or legislative grant not otherwiseextinguished.
(8) Rights of any person who has an easement orinterest in the nature of an easement, whether recorded or unrecorded andwhether possessory or nonpossessory, when such easement or interest in thenature of an easement is for any one of the following purposes:
a. Flowage, flooding orimpounding of water, provided that the watercourse or body of water, which sucheasement or interest in the nature of an easement serves, continues to exist.
b. Placing andmaintaining lines, pipes, cables, conduits or other appurtenances which areeither aboveground, underground or on the surface and which are useful in theoperation of any water, gas, natural gas, petroleum products, or electricgeneration, transmission or distribution system, or any sewage collection ordisposal system, or any telephone, telegraph or other communications system, orany surface water drainage or disposal system whether or not the existence ofthe same is clearly observable by physical evidence of its use.
c. Conserving land orwater areas pursuant to a conservation agreement or preserving a structure orsite pursuant to a preservation agreement under Article 4 of Chapter 121 of theGeneral Statutes.
(9) Rights, titles orinterests of the United States to the extent that the extinguishment of suchrights, titles or interest is prohibited by the laws of the United States.
(10) Rights, estates,interests, claims or charges created subsequent to the beginning of such 30‑yearperiod.
(11) Deeds of trust,mortgages and security instruments or security agreements duly recorded and nototherwise unenforceable.
(12) Rights, estates,interests, claims or charges with respect to any real property registered underthe Torrens Law as provided by Chapter 43 of the General Statutes of North Carolina.
(13) Covenants applicableto a general or uniform scheme of development which restrict the property toresidential use only, provided said covenants are otherwise enforceable. Theexcepted covenant may restrict the property to multi‑family or single‑familyresidential use or simply to residential use. Restrictive covenants other thanthose mentioned herein which limit the property to residential use only are notexcepted from the provisions of Chapter 47B. (1973, c. 255, s. 1; 1995, c. 443, s. 3.)
Such marketable record titleshall not affect or extinguish the following rights:
(1) Rights, estates,interests, claims or charges disclosed by and defects inherent in the munimentsof title of which such 30‑year chain of record title is formed, provided,however, that a general reference in any of such muniments to rights, estates,interests, claims or charges created prior to such 30‑year period shallnot be sufficient to preserve them unless specific identification by referenceto book and page or record be made therein to a recorded title transactionwhich imposed, transferred or continued such rights, estates, interests, claimsor charges.
(2) Rights, estates,interests, claims or charges preserved by the filing of a proper notice inaccordance with the provisions of G.S. 47B‑4.
(3) Rights, estates,interests, claims or charges of any person who is in present, actual and openpossession of the real property so long as such person is in such possession.
(4) Rights of any personwho likewise has a marketable record title as defined in G.S. 47B‑2 andwho is listed as the owner of such real property on the tax books of the countyin which the real property is located at the time that marketability is to beestablished.
(5) Rights of any ownersof mineral rights.
(6) Rights‑of‑wayof any railroad company (irrespective of nature of its title or interesttherein whether fee, easement, or other quality) and all real estate other thanright‑of‑way property of a railroad company in actual use forrailroad purposes or being held or retained for prospective future use forrailroad operational purposes. The use by any railroad company or the holdingfor future use of any part of a particular tract or parcel of right‑of‑wayor non‑right‑of‑way property shall preserve the interest ofthe railway company in the whole of such particular tract or parcel.Operational use is defined as railroad use requiring proximity and access torailroad tracts. Nothing in this section shall be construed as repealing G.S. 1‑44.1.
(7) Rights, interests,or servitudes in the nature of easements, rights‑of‑way or terminalfacilities of any railroad (company or corporation) obtained by the terms ofits charter or through any other congressional or legislative grant not otherwiseextinguished.
(8) Rights of any person who has an easement orinterest in the nature of an easement, whether recorded or unrecorded andwhether possessory or nonpossessory, when such easement or interest in thenature of an easement is for any one of the following purposes:
a. Flowage, flooding orimpounding of water, provided that the watercourse or body of water, which sucheasement or interest in the nature of an easement serves, continues to exist.
b. Placing andmaintaining lines, pipes, cables, conduits or other appurtenances which areeither aboveground, underground or on the surface and which are useful in theoperation of any water, gas, natural gas, petroleum products, or electricgeneration, transmission or distribution system, or any sewage collection ordisposal system, or any telephone, telegraph or other communications system, orany surface water drainage or disposal system whether or not the existence ofthe same is clearly observable by physical evidence of its use.
c. Conserving land orwater areas pursuant to a conservation agreement or preserving a structure orsite pursuant to a preservation agreement under Article 4 of Chapter 121 of theGeneral Statutes.
(9) Rights, titles orinterests of the United States to the extent that the extinguishment of suchrights, titles or interest is prohibited by the laws of the United States.
(10) Rights, estates,interests, claims or charges created subsequent to the beginning of such 30‑yearperiod.
(11) Deeds of trust,mortgages and security instruments or security agreements duly recorded and nototherwise unenforceable.
(12) Rights, estates,interests, claims or charges with respect to any real property registered underthe Torrens Law as provided by Chapter 43 of the General Statutes of North Carolina.
(13) Covenants applicableto a general or uniform scheme of development which restrict the property toresidential use only, provided said covenants are otherwise enforceable. Theexcepted covenant may restrict the property to multi‑family or single‑familyresidential use or simply to residential use. Restrictive covenants other thanthose mentioned herein which limit the property to residential use only are notexcepted from the provisions of Chapter 47B. (1973, c. 255, s. 1; 1995, c. 443, s. 3.)
