Short Answer

Yes. Co-owners may agree to split costs of a North Carolina quiet title case by contract (often in proportion to ownership). By default, each party pays their own attorney’s fees because North Carolina follows the American Rule; the court may tax allowable court “costs” at the end of the case, but fee-shifting generally requires a statute. Quiet title statutes do not provide fee-shifting, so plan to allocate fees by agreement.

Understanding the Problem

In North Carolina, can co-owners of land agree to share the expense of filing a quiet title case to clear a cloud on title, and if so, how are those costs and fees allocated? Here, the key fact is that deed records conflict, and the tax records show an older deed to a relative that may not reflect a later conveyance. You want to know whether to share survey and litigation costs and who ultimately bears attorney’s fees.

Apply the Law

In North Carolina, an action to quiet title is a civil case filed in Superior Court to establish clear title and remove adverse claims. The plaintiff names all known claimants and seeks a judgment declaring title free of the identified cloud. North Carolina courts can tax certain court costs at the end of a civil action, but attorney’s fees are not awarded unless a statute authorizes it. Quiet title law does not include a fee-shifting statute, so co-owners typically control fee allocation by private agreement.

Key Requirements

• Clear title relief: A plaintiff asks the Superior Court to declare title and remove the competing claim or cloud.
• Proper parties and venue: Sue in the county where the land lies and include all persons who may claim an interest.
• Pleading the cloud: Identify the conflicting deed, record, or claim you want removed.
• Costs vs. fees: Courts may tax allowable “costs” at the end of the case; attorney’s fees are usually each party’s responsibility absent a statute or agreement.
• Co-owner arrangements: Co-owners can sign a cost-sharing agreement (often by percentage interest) covering surveys, title work, filings, mediation, and attorney’s fees.

What the Statutes Say

• North Carolina Gen. Stat. § 41-10 (Action to quiet title) – Authorizes suits to remove clouds and determine title.
• North Carolina Gen. Stat. § 7A-305 (Costs in civil actions) – Lists taxable “costs” courts may award in civil cases.
• North Carolina Rule of Civil Procedure 54(d) (Costs) – Addresses taxing of costs to the prevailing party.
• North Carolina Gen. Stat. § 47B-2 (Marketable Title Act) – Describes “root of title,” which can affect old claims.

Analysis

Apply the Rule to the Facts: Because your family property has conflicting deed records and a tax entry that references an older deed, a quiet title case can ask the Superior Court to confirm the later conveyance and remove the older claim. You and other co-owners can agree in writing to share survey, title work, and attorney’s fees. Unless a fee-shifting statute applies (it does not in most quiet title cases), each side otherwise pays its own lawyer; the court may tax limited “costs” at the end.

Process & Timing

1. Who files: Any co-owner seeking to clear title. Where: Superior Court in the North Carolina county where the land sits. What: Civil Complaint, Summons (AOC-CV-100), and typically a recorded Notice of Lis Pendens. When: No fixed filing deadline for quiet title, but older claims may be affected by the 30-year Marketable Title framework; act promptly to preserve evidence.
2. Serve all known claimants and, if needed, publish notice for unknown persons. Expect pleadings and discovery over several months; many counties require mediation before trial.
3. Obtain a judgment declaring title and removing the cloud; record the judgment in the Register of Deeds to update the chain of title.

Exceptions & Pitfalls

• Attorney’s fees: North Carolina generally does not shift attorney’s fees without a statute; don’t assume you can recover your fees from others in a quiet title case.
• Incomplete parties: Missing a claimant (e.g., an heir under an older deed) can leave a remaining cloud; identify and serve all interested parties.
• Agreement first: Without a written cost-sharing agreement, co-owners may dispute contributions for surveys, title work, and litigation expenses.
• Partition vs. quiet title: If the dispute is really about dividing the land, a partition proceeding has its own cost-allocation rules and timelines; fee treatment differs from quiet title.
• Evidence gaps: Old conflicts often turn on surveys, plats, and historical records; budget for a survey and certified copies before filing.

Talk to a Partition Action Attorney

If you’re facing conflicting deeds or a cloud on title and need guidance on cost sharing and timing, our firm has experienced attorneys who can help you understand your options and deadlines. Call us today.

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.