AN ACT TO CLARIFY STATUTES OF LIMITATION AND REPOSE APPLICABLE TO ACTIONS BROUGHT AGAINST PROFESSIONAL LAND SURVEYORS. SL 2019-164. Enacted July 26, 2019. Effective July 26, 2019.
Bill Summaries: S 332 CIVIL PROCEDURE/LIMITATIONS/LAND SURVEYORS.
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Tracking:
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Bill S 332 (2019-2020)Summary date: Jul 29 2019 - View Summary
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Bill S 332 (2019-2020)Summary date: Jul 10 2019 - View Summary
House committee substitute makes the following changes to the 3rd edition.
Modifies the proposed changes to GS 1-52, which now applies the three-year statute of limitations to actions against any professional land surveyor or any person acting under the surveyor's supervision or control for physical damage or economic or monetary loss due to negligence or a deficiency in the performance of surveying or platting. Now specifies that all causes of action under the subsection, other than those for physical damage, must commence within seven years from the specific last act or omission of the professional land surveyor or any person under the surveyor's supervision and control giving rise to the cause of action (previously, did not include commencement from the date of the specific last omission).
Deletes proposed GS Chapter 47I, Notice of Settlement Act, as well as the conforming changes made to GS 47-18, GS 47-20, and GS 161-14.1, concerning priority and subsequent recordings.
Deletes the proposed changes to Section 4.1 of SL 2018-80 regarding the effective dates of the act.
Deletes the changes to GS 47-17.1 that required the first page of all deeds or deeds of trust to be registered to show the name of the drafter (rather than the person or law firm who drafted the instrument) and clarified that the register of deeds is not required to verify or make inquiry concerning the capacity or authority of the person or entity shown as the drafter.
Makes conforming changes to the act's long title.
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Bill S 332 (2019-2020)Summary date: Jun 27 2019 - View Summary
House committee substitute makes the following changes to the 2nd edition.
Makes technical changes to the proposed changes to GS 1-52(18).
Adds new Section 2.1, providing the following.
Enacts GS Chapter 47I, Notice of Settlement Act, to create an additional, nonexclusive procedure for registering a property interest in real property through the use of a notice of settlement, and establishing priority in a grantee of a conveyance or lease from the time of filing of the notice settlement. Sets forth 14 defined terms applicable to the Chapter. Allows notice agent to register an instrument, upon contract between the current owner of record and a grantee, designated a Notice of Settlement (Notice) in the county register of deeds in which real property is situated with reference to the settlement that the notice agent in good faith reasonably believes will occur within 60 days of the registration. Provides for the registration and indexing of the Notice and a registration fee. Details the required form and contents of the Notice.
Provides that the registration of the Notice is constructive notice of the anticipated settlement and interest of the grantee or mortgagee affecting the real property identified in the Notice. Provides that registration of the Notice establishes priority of title of the grantee or mortgage, as described, except over four specified types of interests or claims. Allows a closing attorney or settlement agent to pay any potential liens upon the real property that is the subject of the Notice or any known liabilities of the current owner of record that can affect the title. Clarifies that the owner of record is not relieved from any personal liability under the statute. Provides for name changes between the registered Notice to the registered settlement instrument. Allows for an attorney to sign a statement to register that provides that the attorney has updated the title on applicable online registries and identified any conveyances, liens, or encumbrances found online after registration of the Notice. Details duration, priority, and nonrenewability of the Notice. Allows for an Additional Notice of Settlement. Provides a form for early termination of a Notice.
Provides a severability clause for the Chapter.
Makes conforming changes to GS 47-18, GS 47-20, and GS 161-14.1, concerning priority and subsequent recordings.
Applies to notices of settlement registered on or after January 1, 2020.
Adds Section 2.2, providing the following.
Makes clarifying changes to Section 4.1 of SL 2018-80 regarding the effective dates of the act.
Amends GS 46-17.1 to require the first page of all deeds or deeds of trust to be registered to show the name of the drafter (rather than the person or law firm who drafted the instrument). Clarifies that the register of deeds is not required to verify or make inquiry concerning the capacity or authority of the person or entity shown as the drafter. Makes conforming and technical deletions.
Adds Section 3, providing a severability clause.
Amends the act's long title.
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Bill S 332 (2019-2020)Summary date: May 1 2019 - View Summary
Senate committee substitute makes the following changes to the 1st edition.
Modifies and adds to the proposed changes to GS 1-52, which now applies the three-year statute of limitations to actions against any professional land surveyor or any person acting under the surveyor's supervision or control for physical damage or economic or monetary loss due to negligence or a deficiency in the performance of surveying or platting. The proposed changes deem the cause of action to accrue at the time of the occurrence of the last act of the defendant in the performance of the surveying or platting giving rise to the cause of action and specifies that in no event can the cause of action commence more than 10 years from the specific last act giving rise to the cause of action. Modifies the accrual of a cause of action under the subsection. Now specifies that for causes of action for physical damages, accrual begins at the time of the occurrence of the physical damage giving rise to the cause of action. Establishes that all other causes of action under the subsection must commence within seven years from the specific last act of the professional land surveyor or any person under the surveyor's supervision and control giving rise to the cause of action.
Eliminates the clarification regarding pending actions.
Makes conforming changes to the act's whereas clauses.
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Bill S 332 (2019-2020)Summary date: Mar 21 2019 - View Summary
Includes whereas clauses.
Removes the ten-year statute of repose set out in GS 1-47 for actions against registered land surveyors or any person acting under the surveyor's supervision and control for physical damage or for economic or monetary loss due to negligence or a deficiency in the performance of surveying or platting.
Amends GS 1-52, modifying the three-year statute of limitations for certain actions against registered land surveyors or any person acting under the surveyor's control. Now provides for the three-year statute of limitations to apply to actions against any professional land surveyor or any person acting under the surveyor's supervision or control for physical damage or economic or monetary loss due to negligence or a deficiency in the performance of surveying or platting. Deems the cause of action to accrue at the time of the occurrence of the last act of the defendant in the performance of the surveying or platting giving rise to the cause of action. Specifies that in no event can the cause of action commence more than 10 years from the specific last act giving rise to the cause of action (integrating the statute of repose language from GS 1-47, as repealed). Defines surveying and plotting.
Includes a severability clause.
Provides that the act is effective when it becomes law and applies to actions filed, arising, or pending on or after that date. Clarifies that an action is pending for a plaintiff if there has been no final disposition with prejudice and mandate issued against that plaintiff issued by the highest court of competent jurisdiction where the claim was timely filed or appealed as to all the plaintiff's claims for relief to which this act otherwise applies.