State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_43 > GS_43-25

§ 43‑25.  Release fromregistration.

Whenever the record owner ofany estate in lands, the title to which has been registered or attempted to beregistered in accordance with the provisions of this Chapter, desires to havesuch estate released from the provisions of said Chapter insofar as saidChapter relates to the form of conveyance, so that such estate may everthereafter be conveyed, either absolutely or upon condition or trust, by theuse of any desired form of conveyance other than the certificate of titleprescribed by said Chapter, such owner may present his owner's certificate oftitle to such registered estate to the register of deeds of the county whereinsuch land lies, with a memorandum or statement written by him on the marginthereof in the words following, or words of similar import, to wit: "I (orwe),_________ , being the owner (or owners) of the registered estate evidencedby this certificate of title, do hereby release said estate from the provisionsof Chapter 43 of the General Statutes of North Carolina insofar as said Chapterrelates to the form of conveyance, so that hereafter the said estate may, andshall be forever until again hereafter registered in accordance with theprovisions of said Chapter and acts amendatory thereof, conveyed, eitherabsolutely or upon condition or trust, by any form of conveyance other than thecertificate of title prescribed by said Chapter, and in the same manner as ifsaid estate had never been registered." Which said memorandum or statementshall further state that it is made pursuant to the provisions of this section,and shall be signed by such record owner and attested by the register of deedsunder his hand and official seal, and a like memorandum or statement soentered, signed and attested upon the margin of the record of the said owner'scertificate of title in the consolidated real property records in saidregister's office, with the further notation made and signed by the register ofdeeds on the margin of the certificate of title in the consolidated realproperty records showing that such entry has been made upon the owner'scertificate of title; and thereafter any conveyance of such registered estate,or any part thereof, by such owner, his heirs or assigns, by means of anydesired form of conveyance other than such certificate of title shall be asvalid and effectual to pass such estate of the owner according to the tenor andpurport of such conveyance in the same manner and to the same extent as if suchestate had never been so registered. (Ex. Sess. 1924, c. 40; 2000‑140,s. 42(b).)