AN ACT TO CLARIFY THE PROCESS FOR CORRECTING NONMATERIAL ERRORS IN RECORDED INSTRUMENTS OF TITLE, TO CREATE A CURATIVE PROCEDURE FOR OBVIOUS DESCRIPTION ERRORS IN DOCUMENTS OF TITLE, AND TO CREATE A SEVEN-YEAR CURATIVE PROVISION FOR CERTAIN DEFECTS IN RECORDED INSTRUMENTS OF TITLE.
Amends GS 47-36.1. Amends the caption to read Notice of errors in recorded instruments of title. Makes the provisions of that statute apply only to nonmaterial typographical or other minor nonmaterial errors in deeds or other recorded instruments, and provides for the corrections under that statute to be made by corrective notice affidavit.
Enacts new GS 47-36.2 (Cure of obvious description errors in recorded instruments). Defines eight terms as they are used in the statute. Authorizes correction of obvious descriptive errors, as defined, in recorded instruments affecting title to real property by recording a curative affidavit with the register of deeds. Requires an authorized attorney, as defined, seeking to record a curative affidavit to serve notice to six listed classes of persons. Authorizes served persons to object to the recordation of the proposed curative affidavit or to dispute the facts in the curative affidavit, in a writing sent to the authorized attorney within 30 days of notice. If the authorized attorney receives such an objection, the attorney may not sign or record the proposed curative affidavit. If the authorized attorney does not receive a written objection, the attorney may sign and record the affidavit. Provides 10 requirements for a sufficient curative affidavit. Provides that a curative affidavit operates as a correction of the recorded instrument that relates back to, and is effective as of, the date the instrument being corrected was originally recorded. Directs the register of deeds to accept and index curative affidavits for recording unless they do not meet listed requirements. Curative affidavits recorded in compliance with this statute are prima facie evidence of the facts stated therein. Provides an acceptable statutory form for curative affidavits and for notice of intent.
Enacts new GS 47-108.28 (Ten-year curative statute). Provides that a properly recorded instrument conveying or purporting to convey an interest in real property containing a material defect, irregularity, or omission that is not corrected within 10 years of recordation, is effective to vest title as stated therein and to the same extent as though the instrument had not contained the defect, irregularity, or omission. Definesmaterial defect, irregularity, or omission.
Makes conforming changes to GS 161-14.1.
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