North Carolina § 43-1 - Jurisdiction in superior court.

§ 43-1. Jurisdiction in superior court.

For the purpose of enabling all persons owning real estate within this State to have the title thereto settled and registered, as prescribed by the provisions of this Chapter, the superior court of the county in which the land lies in the State shall have exclusive original jurisdiction of all petitions and proceedings had thereupon, under the rules of practice and procedure prescribed for special proceedings except as herein otherwise provided. History (1913, c. 90, s. 1; C.S., s. 2377.) Editor's Note. - This Chapter is known generally as the Torrens Law. The principle of the "Torrens System" is conveyance by registration and certificate instead of by deed, and assimilates the transfer of land to the transfer of stocks in corporations. Legal Periodicals. - For discussion of the history and development of the law of this chapter, and of Cape Lookout Co. v. Gold, 167 N.C. 63 , 83 S.E. 3 (1914), see 10 N.C.L. Rev. 329 (1932). For article, "Future Advances and Title Insurance Coverage," see 15 Wake Forest L. Rev. 329 (1979). For survey of 1979 property law, see 58 N.C.L. Rev. 1509 (1980). For article, "The Battle to Preserve North Carolina's Estuarine Marshes: The 1985 Legislations, Private Claims to Estuarine Marshes, Denial of Permits to Fill, and the Public Trust," see 64 N.C.L. Rev. 565 (1986). For article, "North Carolina's Real Estate Recording Laws: The Ghost of 1885," see 28 N.C. Cent. L.J. 199 (2006). For article, "Torrens Title in North Carolina-Maybe a Hundred Years Is Long Enough," see 39 Campbell L. Rev. 271 (2017).