State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_43 > GS_43-19

§43‑19.  Adverse claims existing at initial registry; affidavit;limitation of action.

Any person making any claim toor asserting any lien or charge upon registered land, existing at the initialregistry of the same and not shown upon the register or adverse to the title ofthe registered owner, and for which no other provision is herein made forasserting the same in the registry of titles, may make an affidavit thereofsetting forth his interest, right, title, lien or demand, and how and underwhom derived, and the character and nature thereof. The  affidavit shall statehis place of residence and designate a place at  which all notices relatingthereto may be served. Upon the filing of such affidavit in the office of theclerk of the superior court, the clerk shall order a note thereof as in thecase of charges or encumbrances, and the same shall be entered by the registerof deeds. Action shall be brought upon such claim within six months after theentry of such note, unless for cause shown the clerk shall extend the time.Upon failure to commence such action within the time prescribed therefor, theclerk shall order a cancellation of such note. If any person shall wantonly ormaliciously or without reasonable cause procure such notation to be entered uponthe registry of titles, having the effect of a cloud upon the registeredowner's title, he shall be liable for all damages the owner may suffer thereby.(1913, c. 90, s. 25; C.S., s. 2394.)