12 NCAC 02H .0114          METHOD OF CONVEYANCE

When a deed of conveyance of registered land is presented to the clerk of the court in the county where the land lies, such clerk shall not receive the same or direct its registration and the issue of the certificate of title for such land to the grantee, unless the grantor being unmarried or having no husband or wife to join, it contains a statement to that effect.

The deed shall be received and a new certificate shall be entered and issued when a deed of transfer is executed as aforesaid and acknowledged in the manner now required in this state for recording in the office of the register of deeds by the registered owner, conveying in fee simple the entire parcel of land registered under one certificate of title, and there is presented to such register of deeds the registered owner's duplicate certificate:  provided, the land conveyed by such deed is described in the same terms as in the grantor's original certificate; and provided, the grantor or grantors in such deed are the same as the registered owner or owners in such certificate.

If the land conveyed by such deed is not described in the same terms as in the certificate of title to such land, or the grantor or grantors in such deed are not the same as the registered owner or owners, the clerk of the court shall not receive the deed or direct the issue of a new certificate.

History Note:        Authority G.S. 43‑3;

Eff. February 1, 1976;

Readopted Eff. January 5, 1978;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.