State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_43 > GS_43-17_1

§43‑17.1.  Issuance of certificate upon death of registered owner;petition and contents; dissolution of corporation; certificate lost or notreceived by grantee.

Upon the death of any personwho is the registered owner of any estate or interest in land which has beenbrought under this Chapter, a petition may be filed with the clerk of thesuperior court of the county in which the title to such land is registered byanyone having any estate or interest in the land, or any part thereof, thetitle to which has been registered under the terms of this Chapter, attachingthereto the registered certificate of title issued to the deceased holder andsetting forth the nature and character of the interest or estate of suchpetitioner in said land, the manner in which such interest or estate wasacquired by the petitioner from the  deceased person – whether by descent, bywill, or otherwise, and setting forth the names and addresses of any and allother persons, firms or corporations which may have any interest or estatetherein, or any part thereof, and the names and addresses of all persons knownto have any claims or liens against the said land; and setting forth thechanges which are necessary to be made in the registered certificate of titleto land in order to show the true owner or owners thereof occasioned by thedeath of the registered owner of said certificate. Such petition shall containall such other information as is necessary to fully inform the court as to thestatus of the title and the condition as to all liens and encumbrances againstsaid land existing at the time the petition is filed, and shall contain aprayer for such relief as the petitioner may be entitled to under theprovisions hereof. Such petition shall be duly verified.

Like procedure may be followedas herein set forth upon the dissolution of any corporation which is theregistered owner of any estate or interest in the land which has been broughtunder this Chapter.

In the event the registeredcertificate of title has been lost and  after due diligence cannot be found,and this fact is made to appear by allegation in the petition, such registeredcertificate of title need not be attached to the petition as hereinaboverequired, but the legal representatives of the deceased registered owner shallbe made parties to the proceeding. If such persons are unknown or, if knowncannot after due diligence be found within the State, service of summons uponthem may be made by publication of the notice prescribed  in G.S. 43‑17.2.In case the registered owner is a corporation which has been dissolved, serviceof summons upon such corporation and any others who may have or claim anyinterest in such land thereunder shall be made by publication of the noticecontaining appropriate recitals as required by G.S. 43‑17.2.

If any registered owner has bywriting conveyed or attempted to convey a title to any registered land withoutthe surrender of the certificate of title issued to him, the person claimingtitle to said  lands under and through said registered owner by reason of hisor its conveyance may file a petition with the clerk of the superior court ofthe county in which the land is registered and in the proceeding under whichthe title was registered praying for the cancellation of the original certificateand the issuance of the new certificate. Upon the filing of such petitionnotice shall be published as prescribed in G.S. 43‑17.2. The clerk of thesuperior court with whom said petition  is filed shall by order determine whatadditional notice, if any, shall be given to registered owners. If theregistered owner is a natural person, deceased, or a corporation dissolved thecourt may direct what additional notice, if any, shall be given. The clerkshall hear the evidence, make findings of fact, and if found as a fact that theoriginal certificate of the registered owner has been lost and cannot be found,shall enter his order directing the register of deeds to cancel the same and toissue a new certificate to such person or persons as may be entitled thereto,subject to such claims or liens as the court may find to exist.

Any party within 10 days fromthe rendition of such judgment or order by the clerk of superior court of thecounty in which said land  is registered may appeal to the superior court duringa session of court, where the cause shall be heard de novo by the judge, unlessa jury trial be demanded, in which event the issues of fact shall be submittedto a jury. From any order or judgment entered by the superior court during asession of court an appeal may be taken to the appellate division in the mannerprovided by law. (1943, c. 466, s. 1; 1945, c. 44; 1969, c. 44, s. 49;1971, c. 1185, s. 2.)