State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_43 > GS_43-28

§43‑28.  Suit to enforce adverse claim; summons and notice necessary.

Upon the institution of anyaction or proceeding to enforce such adverse claim, notice thereof shall beserved upon the register of deeds, who shall enter upon the registry amemorandum that suit has been brought or proceeding instituted to determine thevalidity of such adverse claim; and summons or notice shall be served upon theholder or claimant of the registered title or certificate or other personagainst whom such adverse claim is alleged, as provided by law for theinstitution of suits or proceedings in the courts of this State.

If no notice of theinstitution of an action or proceeding to enforce an adverse claim be servedupon the register of deeds and upon the holder of the registered title orcertificate, or other person, as aforesaid, within seven months from the dateof filing the statement of adverse claim, the register of deeds shall cancelupon the registry the adverse claim so filed and make a memorandum setting outthat no notice of suit or proceeding to enforce the same had been served uponhim within seven months as herein required, and that such adverse claim wastherefore canceled; and thereafter no action or proceeding shall be begun ormaintained to enforce such adverse claim in any of the courts of this State. (1919,c. 236, s. 1; C.S., s. 2402.)