State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_47 > GS_47-27

§47‑27.  Deeds of easements.

All persons, firms, orcorporations now owning or hereafter acquiring any deed or agreement for rights‑of‑wayand easements of any character whatsoever shall record such deeds andagreements in the office of the register of deeds of the county where the landaffected is situated. Where such deeds and agreements may have been acquired,but no use has been made thereof, the person, firm, or corporation holding suchinstrument, or any assignment thereof, shall not be required to record themuntil within 90 days after the beginning of the use of the easements grantedthereby. If after 90 days from the beginning of the easement granted by suchdeeds and agreements the person, firm, or corporation holding such deeds oragreements has not recorded the same in the office of the register of deeds ofthe county where the land affected is situated, then the grantor in the saiddeed or agreement may, after 10 days' notice in writing served and returned bythe sheriff or other officer of the county upon the said person, firm, orcorporation holding such lease or agreement, file a copy of the said lease oragreement for registration in the office of the register of deeds of the countywhere the original should have been recorded, but such copy of the lease oragreement shall have attached thereto the written notice above referred to,showing the service and return of the sheriff or other officer. Theregistration of such copy shall have the same force and effect as the originalwould have had if recorded: Provided, said copy shall be duly probated beforebeing registered.

Nothing in this section shallrequire the registration of the following classes of instruments orconveyances, to wit:

(1)        It shall not applyto any deed or instrument executed prior to January 1, 1910.

(2)        It shall not applyto any deed or instrument so defectively executed or witnessed that it cannotby law be admitted to probate or registration, provided that such deed orinstrument was executed prior to the ratification of this section.

(3)        It shall not applyto decrees of a competent court awarding condemnation or confirming reports ofcommissioners, when such decrees are on record in such courts.

(4)        It shall not applyto local telephone companies, operating exclusively within the State, or toagreements about alleyways.

The failure of electriccompanies or power companies operating exclusively within this State orelectric membership corporations, organized pursuant to Chapter 291 of thePublic Laws of 1935 [G.S. 117‑ 6 through 117‑27], to record anydeeds or agreements for rights‑of‑way acquired subsequent to 1935,shall not constitute any violation of any criminal law of the State of NorthCarolina.

No deed, agreement for right‑of‑way,or easement of any character shall be valid as against any creditor orpurchaser for a valuable consideration but from the registration thereof withinthe county where the land affected thereby lies.

From and after July 1, 1959,the provisions of this section shall apply to require the Department ofTransportation to record as herein provided any deeds of easement, or any otheragreements granting or conveying an interest in land which are executed on orafter July 1, 1959, in the same manner and to the same extent that individuals,firms or corporations are required to record such easements. (1917,c. 148; 1919, c. 107; C.S., s. 3316; 1943, c. 750; 1959, c. 1244; 1973, c. 507,s. 5; 1977, c. 464, s. 34.)