State Codes and Statutes

Statutes > North-carolina > Chapter_47B > GS_47B-2

§47B‑2.  Marketable record title to estate in real property; 30‑yearunbroken chain of title of record; effect of marketable title.

(a)        Any person havingthe legal capacity to own real property in this State, who, alone or togetherwith his predecessors in title, shall have been vested with any estate in realproperty of record for 30 years or more, shall have a marketable record titleto such estate in real property.

(b)        A person has anestate in real property of record for 30 years  or more when the public recordsdisclose a title transaction affecting the title to the real property which hasbeen of record for not less than 30 years purporting to create such estateeither in:

(1)        The person claimingsuch estate; or

(2)        Some other personfrom whom, by one or more title transactions, such estate has passed to theperson claiming such estate;

with nothing appearing of record,in either case, purporting to divest such claimant of the estate claimed.

(c)        Subject to thematters stated in G.S. 47B‑3, such marketable record title shall be freeand clear of all rights, estates, interests, claims or charges whatsoever, theexistence of which depends upon any act, title transaction, event or omissionthat occurred prior to such 30‑year period. All such rights, estates,interests, claims or charges, however denominated, whether such rights,estates, interests, claims or charges are or appear to be held or asserted by aperson sui juris or under a disability, whether such person is natural orcorporate, or is private or governmental, are hereby declared to be null andvoid.

(d)        In every action forthe recovery of real property, to quiet title, or to recover damages fortrespass, the establishment of a marketable record title in any person pursuantto this statute shall be prima facie evidence that such person owns title tothe real property described in his record chain of title. (1973,c. 255, s. 1; c. 881; 1981, c. 682, s. 11.)

State Codes and Statutes

Statutes > North-carolina > Chapter_47B > GS_47B-2

§47B‑2.  Marketable record title to estate in real property; 30‑yearunbroken chain of title of record; effect of marketable title.

(a)        Any person havingthe legal capacity to own real property in this State, who, alone or togetherwith his predecessors in title, shall have been vested with any estate in realproperty of record for 30 years or more, shall have a marketable record titleto such estate in real property.

(b)        A person has anestate in real property of record for 30 years  or more when the public recordsdisclose a title transaction affecting the title to the real property which hasbeen of record for not less than 30 years purporting to create such estateeither in:

(1)        The person claimingsuch estate; or

(2)        Some other personfrom whom, by one or more title transactions, such estate has passed to theperson claiming such estate;

with nothing appearing of record,in either case, purporting to divest such claimant of the estate claimed.

(c)        Subject to thematters stated in G.S. 47B‑3, such marketable record title shall be freeand clear of all rights, estates, interests, claims or charges whatsoever, theexistence of which depends upon any act, title transaction, event or omissionthat occurred prior to such 30‑year period. All such rights, estates,interests, claims or charges, however denominated, whether such rights,estates, interests, claims or charges are or appear to be held or asserted by aperson sui juris or under a disability, whether such person is natural orcorporate, or is private or governmental, are hereby declared to be null andvoid.

(d)        In every action forthe recovery of real property, to quiet title, or to recover damages fortrespass, the establishment of a marketable record title in any person pursuantto this statute shall be prima facie evidence that such person owns title tothe real property described in his record chain of title. (1973,c. 255, s. 1; c. 881; 1981, c. 682, s. 11.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_47B > GS_47B-2

§47B‑2.  Marketable record title to estate in real property; 30‑yearunbroken chain of title of record; effect of marketable title.

(a)        Any person havingthe legal capacity to own real property in this State, who, alone or togetherwith his predecessors in title, shall have been vested with any estate in realproperty of record for 30 years or more, shall have a marketable record titleto such estate in real property.

(b)        A person has anestate in real property of record for 30 years  or more when the public recordsdisclose a title transaction affecting the title to the real property which hasbeen of record for not less than 30 years purporting to create such estateeither in:

(1)        The person claimingsuch estate; or

(2)        Some other personfrom whom, by one or more title transactions, such estate has passed to theperson claiming such estate;

with nothing appearing of record,in either case, purporting to divest such claimant of the estate claimed.

(c)        Subject to thematters stated in G.S. 47B‑3, such marketable record title shall be freeand clear of all rights, estates, interests, claims or charges whatsoever, theexistence of which depends upon any act, title transaction, event or omissionthat occurred prior to such 30‑year period. All such rights, estates,interests, claims or charges, however denominated, whether such rights,estates, interests, claims or charges are or appear to be held or asserted by aperson sui juris or under a disability, whether such person is natural orcorporate, or is private or governmental, are hereby declared to be null andvoid.

(d)        In every action forthe recovery of real property, to quiet title, or to recover damages fortrespass, the establishment of a marketable record title in any person pursuantto this statute shall be prima facie evidence that such person owns title tothe real property described in his record chain of title. (1973,c. 255, s. 1; c. 881; 1981, c. 682, s. 11.)