Jan102026
Partition Action Q&A Series

How do I find out who the unknown person on the property title is and why they have an ownership share? – North Carolina

Short Answer

In North Carolina, the fastest way to identify an “unknown” owner on title is to pull the most recent deed and then work backward through the recorded deeds (the “chain of title”) in the county Register of Deeds records to see where that person’s name first appears. The recorded document that added the person—often a deed, estate document, court order, or foreclosure-related instrument—usually explains the percentage interest and why it exists. If the records do not clearly resolve the issue, a partition case can sometimes still move forward while the court sorts out disputed or unclear interests.

Understanding the Problem

In North Carolina, can inherited real property be sold when a last-minute title check shows a third person listed as owning a percentage interest, and how can the recorded records be used to identify who that person is and why that ownership share exists? In this situation, the key decision point is whether the unknown person’s name and percentage can be traced to a specific recorded document in the county where the land is located. If the document can be found, it usually explains the source of the interest; if it cannot, the issue often becomes a “cloud on title” that must be cleared before a normal sale can close.

Apply the Law

North Carolina real estate ownership is primarily determined by what is recorded in the county Register of Deeds office where the property is located. Those public records are organized through grantor/grantee indexes that allow a title searcher to trace transfers over time. When a sale is blocked because someone unexpected appears as an owner, the legal task is to identify the first recorded instrument that placed that person in the chain of title and then evaluate whether that instrument validly conveyed an interest or created a title problem that needs to be corrected.

Key Requirements

  • Identify the source document: Find the recorded deed, estate-related instrument, or court-related instrument where the unknown person first appears as a grantee (or otherwise gains an interest).
  • Confirm the interest shown in the records: Verify the percentage interest and the type of ownership shown (for example, co-ownership as tenants in common is common in inherited-property situations).
  • Choose the right fix: If the interest is valid, the person must participate in the sale or be bought out; if the interest is questionable or unclear, the issue may require corrective recording or a court proceeding (and a partition case can sometimes proceed even if interests are disputed).

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, two siblings believed they were the only owners after inheriting the property, but a title check near closing revealed an additional person listed with a percentage interest. Under North Carolina practice, the practical next step is to pull the most recent recorded deed and then trace backward in the Register of Deeds index until locating the first instrument that added the unknown person. Once that instrument is identified, it usually shows whether the interest came from an inheritance-related transfer, a deed signed by someone in the family, or a court-related event that affected title.

Process & Timing

  1. Who searches: A real estate attorney or title professional (or a person using public records). Where: The Register of Deeds office (and online portal, if available) in the North Carolina county where the property is located. What: Pull the current deed and any referenced prior deed(s), then use the grantor/grantee index to trace the chain of title. When: As soon as the issue is discovered, because a closing often cannot proceed until title is cleared.
  2. Identify the “first appearance” document: Work backward until finding the first deed or instrument that names the unknown person as a grantee (or otherwise indicates an interest). Then read that document carefully for (a) the stated percentage, (b) how the interest was created, and (c) whether it references an estate file, court case, foreclosure file, or prior deed book/page.
  3. Decide the remedy: If the interest appears valid, the sale typically requires that person’s cooperation (or a buyout or partition). If the interest appears to be an error or a disputed claim, the next step is usually a corrective path (for example, corrective recording if appropriate, or a court proceeding to resolve the dispute). In some cases, a partition action may still proceed even while the court later resolves competing claims to the same share.

Exceptions & Pitfalls

  • Similar names and identity confusion: A common problem is mistaking two people with similar names. The chain-of-title document (and related records like prior deeds) often contains middle initials, marital status, or other clues that help confirm identity.
  • Estate-related gaps: In inherited-property situations, the “unknown” owner sometimes turns out to be an heir, a surviving spouse with a recorded interest, or someone who received an interest through an estate-related transfer that was recorded later than expected. If the recorded instrument points to an estate file, the estate records may be needed to confirm who inherited what.
  • Disputed or unclear shares: North Carolina partition law recognizes that co-owners may be unknown or that title may be disputed, and the case can sometimes proceed without immediately deciding the dispute. That can help move a stuck situation forward, but it also means careful service/notice steps matter and the dispute may still need to be resolved before sale proceeds are distributed.

For readers dealing with a related sale-stopping scenario, see unknown person shows up on the deed and figure out who all the co-owners or heirs are.

Conclusion

In North Carolina, identifying an unknown person on a property title usually comes down to finding the recorded instrument that first added that person to the chain of title in the county Register of Deeds records. That document typically explains the ownership percentage and the reason for the interest. If the interest is valid, the person must be addressed as a co-owner; if it is unclear or disputed, a court process may be needed. The next step is to obtain the current deed and trace backward through prior recorded deeds in the Register of Deeds index as soon as the issue is discovered.

Talk to a Partition Action Attorney

If inherited property cannot be sold because an unknown person appears on the deed, our firm has experienced attorneys who can help explain options for investigating title and, when appropriate, using a partition case to move the situation toward resolution. 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.

Category: Partition Action Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.