Do I need a survey or plat to transfer real estate into a trust, and what if I can’t find one? – North Carolina

Short Answer

Usually, no new survey or plat is required to transfer North Carolina real estate into a trust. The deed can often use the same legal description as the most recent recorded deed, including any reference to a recorded plat if one exists. If a plat or survey cannot be found, the practical fix is usually to pull the legal description from the county Register of Deeds records or, if the description is unclear or the property is being split, to hire a surveyor to prepare one.

Understanding the Problem

In North Carolina estate planning, a common funding step is transferring a home or other real estate from an individual owner to a trustee of a revocable trust by signing and recording a deed. The decision point is whether the deed can be recorded with a usable legal description without having a copy of a survey or subdivision plat in hand. The practical issue is what to do when no plat or survey can be located, but the transfer still needs to be completed through the county Register of Deeds.

Apply the Law

North Carolina does not generally require a new survey or a new plat just because title is being transferred into a trust. What matters is that the deed contains a legal description that identifies the property with enough certainty, and that the deed is in recordable form for the county Register of Deeds. If the property is described by reference to a recorded plat, North Carolina law recognizes that a deed can incorporate that recorded plat by reference rather than repeating every boundary call.

Key Requirements

Recordable deed to the trustee: The transfer is typically done by a deed from the current owner to the trustee(s) of the trust. North Carolina law treats a conveyance “to a trust” as a conveyance to the trustee(s), which helps avoid technical title problems tied to naming conventions.
A workable legal description: The deed must describe the land accurately enough to match what is already owned. In many cases, the safest approach is to copy the legal description exactly from the last recorded deed and include any book/page or instrument number references.
Plat/survey only when needed for boundaries: A new survey or plat is typically needed when the description is ambiguous, when boundaries changed, or when the transfer involves only part of a larger tract (for example, carving out a lot, recombining parcels, or correcting boundary issues).

What the Statutes Say

N.C. Gen. Stat. § 39-6.7 (Conveyances to or by trusts) – Treats transfers “to a trust” as transfers to the trustee(s), reducing technical challenges in how grantees are named.
N.C. Gen. Stat. § 47-30 (Plats and subdivisions; mapping requirements) – Provides rules for recording plats and confirms that an instrument may refer to a recorded plat, with that reference carrying the same effect as setting out the description shown on the plat.

Analysis

Apply the Rule to the Facts: With no specific facts provided, the typical estate-planning transfer into a trust does not change property boundaries, does not split a tract, and does not require new surveying work. In that common situation, the deed to the trustee generally uses the current recorded legal description (including a plat reference if the property is in a subdivision), and the county Register of Deeds records it. If the only problem is that the owner cannot locate the plat or survey at home, the title description usually can still be obtained from the public record.

Process & Timing

Who files: The current owner (grantor) signs, and the deed is typically submitted by the owner, attorney, or closing professional. Where: The Register of Deeds office in the North Carolina county where the property is located. What: A deed transferring title to the trustee(s), using the same legal description as the last recorded deed; supporting recording requirements (format and any required acknowledgments) vary by county. When: As soon as practical after signing, especially if the transfer is part of a larger estate plan that depends on the trust owning the property.
If a plat or survey cannot be found: Pull the most recent deed from the county’s real estate records and copy the legal description exactly, including the subdivision name and the plat book/page reference if it appears in the deed. Many “missing plat” problems are solved by retrieving the plat from the Register of Deeds plat books or images tied to the deed reference.
If the description is unclear or the property is not a simple “whole parcel” transfer: A licensed surveyor may need to prepare a new survey/plat (or verify an older unrecorded one) so the deed can clearly describe the boundaries being conveyed. After that, the deed (and any new plat, if applicable) is recorded, creating a clearer record for later refinancing or sale.

Exceptions & Pitfalls

Conveying less than the entire tract: Transferring only part of a parcel (or changing boundaries) often triggers a need for a current survey/plat so the deed can describe the portion being conveyed with precision.
Copying the wrong description: Using an old deed description, mixing descriptions from different deeds, or leaving out plat references can create a mismatch between what the trust is supposed to own and what the public record shows.
Assuming a “tax map” is a survey: County GIS or tax maps can help locate parcels, but they are usually not certified boundary surveys and may not be reliable enough for a legal description.
Registered land (Torrens) and other special title systems: A small number of properties fall under special registration rules where survey/plot requirements can be stricter when boundaries change or land is subdivided, and the paperwork must match the system used in that county.

Conclusion

In North Carolina, a new survey or plat is not usually required to transfer real estate into a trust if the deed conveys the entire existing parcel and uses a clear legal description from the public record. When a plat or survey cannot be found, the next step is often to obtain the last recorded deed (and any recorded plat it references) from the county Register of Deeds and copy that description into the trust deed. If the description is unclear or only part of a tract is being conveyed, a new survey may be needed before recording.

Talk to a Estate Planning Attorney

If real estate needs to be transferred into a trust and a plat or survey cannot be located, our firm has experienced attorneys who can help confirm the right legal description and complete the deed recording process. 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.