State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_43 > GS_43-8

§43‑8.  Petition filed; contents; State to be named as respondent; serviceon State.

Suit for registration of titleshall be begun by a petition to the court by the persons claiming, singly orcollectively, to own or have the power of appointing or disposing of an estatein fee simple in any land, whether subject to liens or not. Infants and otherpersons under disability may sue by guardian or trustee, as the case may be,and corporations as in other cases now provided by law; but the person in whosebehalf the petition is made shall always be named as petitioner. The petitionshall be signed and sworn to by each petitioner, and shall contain a fulldescription of the land to be registered as hereinafter provided, together witha plot of same by metes and bounds, corners to be marked by permanent markersof iron, stone or cement; it shall show when, how and from whom it wasacquired, and whether or not it is now occupied, and if so, by whom; and itshall give an account of all known liens, interests, equities and claims,adverse or otherwise, vested or contingent, upon such land. Full names andaddresses, if known, of all persons who may be interested by marriage orotherwise, including adjoining owners and occupants, shall be given. If anyperson shall be unable to state the  metes and bounds, the clerk may order apreliminary survey.

Except when the State of NorthCarolina is the petitioner, all special proceedings filed pursuant to thisArticle shall name the State of North Carolina as a respondent to the action.Service of process upon the State shall be made in accordance with G.S. 1A‑1,Rule 4(j)(3). (1913, c. 90, s. 5; C.S., s. 2384; 1979, c. 73, s. 1.)