Short Answer

Usually no. In North Carolina, each party pays their own attorney fees unless a statute, court rule, or contract allows fee-shifting. In a straightforward, uncontested deed correction, the court may tax routine court costs (like filing, service, and witness fees), but attorney fees are only awarded in narrow circumstances such as sanctions for frivolous positions or bad-faith conduct.

Understanding the Problem

You want to know whether, in North Carolina, you can make someone else reimburse the attorney fees you paid to file a petition to correct a deed. A niece has already paid a standard attorney fee to serve as the petitioner in a noncontested deed correction hearing before the Clerk of Superior Court.

Apply the Law

North Carolina follows the “American Rule”: attorney fees are not recoverable unless a statute, rule, or contract authorizes them. Courts can tax ordinary costs in many civil matters, but “costs” do not automatically include attorney fees. Fee awards in real-property title or deed matters are uncommon unless a party’s conduct triggers a specific fee statute or sanction authority. When deed issues are handled before the Clerk of Superior Court, the Clerk can hold a hearing, receive evidence, and tax allowable costs; fee awards still require specific authority.

Key Requirements

• Baseline rule: Each side pays its own attorney fees unless a statute, rule, or contract says otherwise.
• Taxable costs vs. fees: Courts may tax routine court costs (e.g., filing, service, witness fees), but attorney fees are separate and need explicit authority.
• Sanctions/fee-shifting: Fees may be awarded for frivolous, unfounded, or bad-faith claims or defenses, or as a sanction, but this is rare in uncontested proceedings.
• Clerk hearings: In a clerk proceeding, the Clerk can issue subpoenas, apply the Rules of Evidence, and decide how to apportion allowable costs; attorney fees still require statutory authorization.
• Testimony and subpoenas: If the drafter’s testimony is important, a subpoena can compel attendance; subpoena and witness fees are typically taxable costs even when attorney fees are not.

What the Statutes Say

• North Carolina Gen. Stat. § 6-20 (Costs generally) – Courts may tax allowable costs in their discretion; attorney fees need separate authority.
• North Carolina Gen. Stat. § 6-21.5 (Attorneys’ fees for frivolous claims) – Authorizes a fee award when a claim or defense lacks a justiciable issue.
• North Carolina Gen. Stat. § 7A-103 (Powers of the Clerk) – Clerk may issue subpoenas and manage hearings; useful for securing the drafting attorney’s testimony.

Analysis

Apply the Rule to the Facts: Because the petition is noncontested, there is no obvious statutory basis to shift your attorney fees to the other side. You can ask the Clerk to tax ordinary costs, such as filing fees, service costs, and witness fees, but your attorney’s bill will remain yours unless a fee statute or sanction applies.

Process & Timing

1. Who files: Petitioner. Where: Clerk of Superior Court in the county where the property lies (if proceeding is before the Clerk); otherwise, a civil action in Superior Court. What: A verified petition (or complaint) requesting deed correction/reformation and any needed orders; no standard AOC form covers deed reformation. When: File as soon as you have supporting documents; hearings in uncontested clerk matters are typically set by the Clerk within several weeks.
2. After the hearing, if granted, the order can be recorded to clear title. If you seek costs, move to tax costs promptly and attach receipts for filing, service, and witness fees (including subpoena/witness fees for the drafting attorney, if used).
3. If you believe the other side’s position was frivolous or in bad faith, file a targeted motion seeking fees under the appropriate statute or rule; expect the court to require specific findings and supporting affidavits.

Exceptions & Pitfalls

• Contract-based fee clauses can allow fee-shifting, but most deeds do not include them.
• Fee awards for frivolous or bad-faith positions are exceptional; do not rely on them in a noncontested correction.
• If key proof is the drafting attorney’s intent or a scrivener’s error, issue a subpoena early so the witness appears; without testimony, you may lack evidence and still owe your own fees.
• Support any cost or fee motion with affidavits and itemized invoices; courts need evidence to make reasonableness findings.

Talk to a Real Estate Attorney

If you’re dealing with a deed error and want to understand your options for costs, subpoenas, and hearing strategy, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.