North Carolina § 1-47 - Ten years.

§ 1-47. Ten years.

Within ten years an action - Upon a judgment or decree of any court of the United States, or of any state or territory thereof, from the date of its entry. No such action may be brought more than once, or have the effect to continue the lien of the original judgment. Upon a judgment rendered by a justice of the peace, from its date. Upon a sealed instrument or an instrument of conveyance of an interest in real property, against the principal thereto. Provided, however, that if action on an instrument is filed, the defendant or defendants in such action may file a counterclaim arising out of the same transaction or transactions as are the subject of plaintiff's claim, although a shorter statute of limitations would otherwise apply to defendant's counterclaim. Such counterclaim may be filed against such parties as provided in G.S. 1A-1, Rules of Civil Procedure. For the foreclosure of a mortgage, or deed in trust for creditors with a power of sale, of real property, where the mortgagor or grantor has been in possession of the property, within ten years after the forfeiture of the mortgage, or after the power of sale became absolute, or within ten years after the last payment on the same. For the redemption of a mortgage, where the mortgagee has been in possession, or for a residuary interest under a deed in trust for creditors, where the trustee or those holding under him has been in possession, within ten years after the right of action accrued. Repealed by Session Laws 1959, c. 879, s. 2. Repealed by Session Laws 2019-164, s. 1, effective July 26, 2019, and applicable to actions arising on or after that date. History (C.C.P., ss. 14, 31; Code, s. 152; Rev., s. 391; C.S., s. 437; 1937, c. 368; 1959, c. 879, s. 2; 1961, c. 115, s. 2; 1969, c. 810, s. 1; 1991, c. 268, s. 2; 1995 (Reg. Sess., 1996), c. 742, s. 1(a); 1997-456, s. 27; 1999-221, s. 3; 2004-203, s. 15(a); 2019-164, s. 1.) Cross References. - As to three year limitation against registered land surveyor, see G.S. 1-52(18) . As to counterclaims and cross-claims, see G.S. 1A-1 , Rule 13. As to limitations period for unknown and certain other claims against a dissolved corporation, see G.S. 55-14-07 . Editor's Note. - Session Laws 2019-164 provides in its preamble: "Whereas, the General Assembly has provided through the enactment of G.S. 1-47(6) and G.S. 1-52(18) two limitations periods for actions brought against a registered land surveyor as defined in G.S. 89C-3(9) or a 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; and "Whereas, it was the intent of the General Assembly to establish a 3-year statute of limitation under G.S. 1-52(18) and a 10-year statute of repose under G.S. 1-47(6) for such actions; and "Whereas, the North Carolina courts have held that the limitations period under G.S. 1-47(6) is more specific and provides a longer period of time than the limitations period under G.S. 1-52(18) ; and, consequently, that the 10-year limitation under G.S. 1-47(6) applies to the exclusion of the 3-year limitation under G.S. 1-52(18) ; and "Whereas, such ruling by the North Carolina courts have rendered the 3-year limitation under G.S. 1-52(18) a nullity, contrary to the intent of the General Assembly; and "Whereas, the General Assembly wishes to amend the provisions of G.S. 1-47 and G.S. 1-52 to establish a 3-year statute of limitation and 7-year statute of repose for such causes of action; Now, therefore," Session Laws 2019-164, s. 3 is a severability clause. Session Laws 2019-164, s. 4 made the repeal of subdivision (6) of this section by Session Laws 2019-164, s. 1, effective July 26, 2019, and applicable to actions arising on or after that date. Effect of Amendments. - Session Laws 2019-164, s. 1, deleted subdivision (6). For effective date and applicability, see editor's note. Legal Periodicals. - For comment on this section, see 11 N.C.L. Rev. 220 and 22 N.C.L. Rev. 146 (1944). For comment on application of statute of limitations to promise of grantee assuming mortgage or deed of trust, see 43 N.C.L. Rev. 966 (1965). For article "Recognition of Foreign Judgments," see 50 N.C.L. Rev. 21 (1971). For survey of 1976 case law on civil procedure, see 55 N.C.L. Rev. 1914 (1977). For survey of 1978 commercial law, see 57 N.C.L. Rev. 919 (1979). For comment on the seal in North Carolina and the need for reform, see 15 Wake Forest L. Rev. 251 (1979). For survey of North Carolina construction law, with particular reference to statutes of limitation and repose, see 21 Wake Forest L. Rev. 633 (1986).