North Carolina § 47-108 - 27. Title to real property affected by boundary certification; liens.

§ 47-108. 27. Title to real property affected by boundary certification; liens.

Title to real property previously treated as being subject to the jurisdiction of the State of South Carolina but that is recognized as being within the boundaries of this State as a result of the certification of the boundary is not affected by the certification of the boundary or the recognition of the real property as being within the boundaries of this State. All conveyances and instruments of title, of any sort, made prior to the certification of the boundary shall be recognized and given full faith and credit in this State according to the law, jurisdiction, and terms in effect at the time of the conveyance in the jurisdiction the property was previously treated as being subject to. For the purposes of this subsection, 'instruments of title' means any instrument that affects title or constitutes the chain of title to real property, including, but not limited to, all deeds, wills, estate documents evidencing transfer of title, plats, surveys, easements, rights-of-way, outstanding mortgages and deeds of trust, judicial orders or decrees, and documents evidencing intestate succession. Liens recorded prior to the date of boundary certification with the register of deeds or docketed with the clerk of superior court in the county in this State where the affected parcel is situated shall attach, as a class, to the affected parcel as of the effective date and time of the boundary certification. This class of liens shall be assigned priority as of the date of boundary certification but shall retain the same priority among themselves as if this subsection did not apply. History (2016-23, s. 3(c), (d).) Cross References. - As to reestablishment of North Carolina-South Carolina boundary, see G.S. 141-9. Editor's Note. - Session Laws 2016-23, s. 3(c), (d), effective June 22, 2016, was codified as this section at the direction of the Revisor of Statutes. Session Laws 2016-23, s. 3(a) and (b), provides: "(a) The North Carolina Geodetic Survey shall record the final survey of the confirmed boundary in the office of the register of deeds in every county in this State where real property has been affected by the certification of the boundary. The applicable uniform fees provided in G.S. 161-10 shall apply to the recordation of the final survey. The register of deeds shall register and index the surveys in accordance with the provisions of Article 2 of Chapter 161 of the General Statutes. "(b) For parcels of real property affected by the certification of the boundary, situated in whole or in part within the boundaries of this State, the North Carolina Geodetic Survey shall record a Notice of Affected Parcel in the office of the register of deeds in the county or counties where each affected parcel is situated. The register of deeds shall register and index the Notice in accordance with the provisions of Article 2 of Chapter 161 of the General Statutes. Notwithstanding any other provision of law to the contrary, the register of deeds shall not collect any fees or taxes for the Notice recorded pursuant to this subsection. The Notice shall contain at least all of the following information: "(1) Reference to this act. "(2) The recording reference for the final survey of the confirmed boundary recorded pursuant to subsection (a) of this section. "(3) The names of the record owners of the parcel. "(4) The property address of the parcel. "(5) A tax parcel identification number or other applicable identifier used by a county tax office, if available. "(6) A brief description of the parcel, if available. "(7) A source deed reference for the parcel, if available." Session Laws 2016-23, s. 12(a), is a severability clause.