State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-47

§ 1‑47.  Ten years.

Within ten years an action ‑

(1)        Upon a judgment ordecree of any court of the United States, or of any state or territory thereof,from the date of its entry. No such action may be brought more than once, orhave the effect to continue the lien of the original judgment.

(1a)      Upon a judgmentrendered by a justice of the peace, from its date.

(2)        Upon a sealedinstrument or an instrument of conveyance of an interest in real property,against the principal thereto. Provided, however, that if action on aninstrument is filed, the defendant or defendants in such action may file acounterclaim arising out of the same transaction or transactions as are thesubject of plaintiff's claim, although a shorter statute of limitations wouldotherwise apply to defendant's counterclaim. Such counterclaim may be filedagainst such parties as provided in G.S. 1A‑1, Rules of Civil Procedure.

(3)        For the foreclosureof a mortgage, or deed in trust for creditors with a power of sale, of realproperty, where the mortgagor or grantor has been in possession of theproperty, within ten years after the forfeiture of the mortgage, or after thepower of sale became absolute, or within ten years after the last payment onthe same.

(4)        For the redemptionof a mortgage, where the mortgagee has been in possession, or for a residuaryinterest under a deed in trust for creditors, where the trustee or thoseholding under him has been in possession, within ten years after the right ofaction accrued.

(5)        Repealed by SessionLaws 1959, c. 879, s. 2.

(6)       a.         Againstany registered land surveyor as defined in G.S. 89C‑3(9) or any personacting under his supervision and control for physical damage or for economic ormonetary loss due to negligence or a deficiency in the performance of surveyingor platting, within 10 years after the last act or omission giving rise to thecause of action.

b.         For purposes of thissubdivision, "surveying and platting" means boundary surveys,topographical surveys, surveys of property lines, and any other measurement orsurveying of real property and the consequent graphic representation thereof.

c.         The limitationprescribed by this subdivision shall apply to the exclusion of G.S. 1‑15(c)and G.S. 1‑52(16). (C.C.P., ss. 14, 31; Code, s. 152; Rev., s. 391; C.S.,s. 437; 1937, c. 368; 1959, c. 879, s. 2; 1961, c. 115, s. 2; 1969, c. 810, s.1; 1991, c. 268, s. 2; 1995 (Reg. Sess., 1996), c. 742, s. 1(a); 1997‑456,s. 27; 1999‑221, s. 3; 2004‑203, s. 15(a).)