{"data":{"id":"us-nc/n.c.-gen.-stat.-47-108.28","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 47-108.28","heading":"Seven-year curative statute.","body":"(a)\tAn instrument conveying or purporting to convey an interest in real property that contains a defect, irregularity, or omission shall be deemed effective to vest title as stated therein and to the same extent as though the instrument had not contained the material defect, irregularity, or omission, if both of the following conditions are met:\n(1)\tThe instrument is recorded by the register of deeds in the county or counties where the property is situated.\n(2)\tThe material defect, irregularity, or omission is not corrected within seven years after the instrument was recorded.\nThe proper recordation and indexing of a curative instrument or a notice of lis pendens shall toll the seven-year curative period.\n(b)\tFor the purposes of this section only, an instrument shall be deemed to contain a \"defect, irregularity, or omission\" when any of the following conditions are met:\n(1)\tThe recorded instrument lacks any of the following:\na.\tA properly executed form of acknowledgment as provided under Article 3 of this Chapter or Chapter 10B of the General Statutes.\nb.\tThe proper recital of consideration paid.\nc.\tThe residence of a party.\nd.\tThe address of the property.\ne.\tThe address of a party.\nf.\tThe date of the instrument.\ng.\tThe date of any instrument or obligation secured by the instrument.\nh.\tThe proper affixation of seal by any person authorized to execute an instrument by virtue of an office or appointment held by the grantor that is required to affix the seal to the recorded instrument under applicable law.\n(2)\tThe name of a grantor, trustor, mortgagor, assignor, borrower, or other person with an interest in the property does not appear in any part of the instrument, but the person executed the instrument without limitation or qualification. The person who executed the instrument without limitation or qualification shall be deemed to have conveyed or encumbered (as applicable) any interest or right such person then had in the property conveyed or encumbered by the terms of the instrument.\n(c)\tNothing in this section is intended to modify any provisions of law pertaining to the competency or infancy of the grantor or the provisions of Chapter 22 of the General Statutes or to limit any remedies available under the laws of this State. (2017-110, s. 3; 2021-91, s. 12.)","path":["Chapter 47. Probate and Registration.","Article 4. Curative Statutes; Acknowledgments; Probates; Registration."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_47/GS_47-108.28.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T18:03:17Z","sha256":"adc09c65131cb5c1bff99efed156f08516d55b052c264ed9d994822c93ef6445","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-47-108.27","next":"us-nc/n.c.-gen.-stat.-47-109"},"notice":"GroundRules: Original legal text. Not legal advice."}
