North Carolina § 46A-56 - Confirmation of report; appeal; motion for relief.
Full text of North Carolina North Carolina General Statutes § 46A-56 — Confirmation of report; appeal; motion for relief., with citation guidance and answers to common questions.
§ 46A-56. Confirmation of report; appeal; motion for relief.
If no exception to the report of the commissioners is filed within 10 days of service of the report on all the parties, the clerk shall confirm the report. If an exception to the report of commissioners is filed, the clerk shall do one of the following: Confirm the report. Recommit the report for correction or further consideration. Vacate the report and direct the same commissioners to reapportion the real property. Vacate the report, discharge the commissioners, and appoint new commissioners to view the real property and partition it. Appeal from the clerk to superior court of an order of confirmation of the report of commissioners is governed by G.S. 1-301.2 except that the judge may take only the actions specified in subsection (b) of this section and shall not adjudge a partition of the property different from that made by the commissioners. After confirmation of the report, any party may seek relief from the order of confirmation for mistake, fraud, or collusion by a motion in the proceeding. This relief, however, shall not affect an innocent purchaser for value and without notice. History (1868-9, c. 122, s. 5; Code, s. 1896; Rev., s. 2494; C.S., s. 3230; 1947, c. 484, s. 2; 1999-216, s. 11; 2020-23, ss. 2(v), 3.) Editor's Note. - This section is former G.S. 46-19 , as recodified by Session Laws 2020-23, s. 2(v), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date. The historical citation from the former section has been added to this section as recodified. The case notes for this section include decisions under the former section. Session Laws 2020-23, s. 18, made the rewriting of this section by Session Laws 2020-23, s. 3, effective October 1, 2020, and applicable to partition proceedings commenced on or after that date. Effect of Amendments. - Session Laws 2020-23, s. 3 rewrote the section. For effective date and applicability, see editor's note.
Source: official North Carolina text · Last verified 2026-08-27
Frequently Asked Questions About North Carolina § 46A-56
What does North Carolina General Statutes § 46A-56 cover?
Section 46A-56 ("Confirmation of report; appeal; motion for relief.") is part of the North Carolina General Statutes, the codified statutory law of North Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite North Carolina § 46A-56?
A common citation format is "North Carolina General Statutes § 46A-56" (North Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of North Carolina law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the North Carolina official source linked on this page or consult a licensed North Carolina attorney.
How does North Carolina § 46A-56 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in North Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in North Carolina.