Jan102026
Probate Q&A Series

Can I require the other party to remove their claim from the records, and what proof will a title company or realtor need? – North Carolina

Short Answer

In North Carolina, a person generally cannot force someone to “remove” a recorded deed or ownership claim just by demanding it. If the other side will not sign a corrective document (like a quitclaim deed or release), the usual way to clear the public record is a Superior Court lawsuit to determine ownership (often called a quiet title action) and then record the court’s judgment. A title company or realtor typically needs recorded documents that show a complete chain of title (including probate/heirship documents if the owner died) and, when there is a competing deed, either a recorded correction from the claimant or a recorded court order/judgment resolving the dispute.

Understanding the Problem

In North Carolina probate and real estate disputes, the key question is whether a later-recorded deed or “claim” can be removed from the county land records, and what documentation a title company or realtor must have to treat the title as clear. The situation often comes up when a decedent’s property was never probated, one family member’s side later records a quitclaim deed for a practical reason (like repairs), and then that side starts asserting ownership. The decision point is whether the competing claimant will voluntarily sign a recorded correction, or whether a court order is needed to clear the cloud on title.

Apply the Law

North Carolina land records generally reflect whatever documents were recorded, even if a document is legally ineffective or based on a misunderstanding. When a recorded instrument creates uncertainty about who owns the property, that is commonly called a “cloud” on title. If the parties cannot fix the record by agreement, North Carolina law allows an owner to file a lawsuit to have the court determine the adverse claims and enter a judgment that can be recorded to clear title.

Key Requirements

  • Proof of the real ownership chain: Clear documentation showing how title moved from the decedent to the current owner(s) (often through probate, heirship, or other recorded instruments), not just possession of an old deed.
  • A defined adverse claim to resolve: Identification of the competing recorded instrument (for example, a later quitclaim deed) and the nature of the claim it creates in the public record.
  • A recordable cure: Either (a) a voluntarily signed and recorded corrective deed/release from the claimant, or (b) a court judgment/order determining title that can be recorded in the Register of Deeds records.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe a decedent’s North Carolina property that was never probated, plus a later-recorded quitclaim deed by a relative’s family that is now being used to assert ownership. That later deed creates a cloud on title because it puts a competing claim into the public record. If the competing claimant will not sign and record a corrective deed or release, the practical way to “require” removal is usually a quiet title case under North Carolina law, followed by recording the final judgment so the Register of Deeds records reflect the court’s decision.

Process & Timing

  1. Who files: The person(s) claiming ownership (often the heirs/devisees or someone who acquired from them). Where: North Carolina Superior Court in the county where the land is located. What: A civil complaint seeking to determine adverse claims/quiet title; in many cases, a lis pendens is also filed to put the public on notice that title is being litigated. When: As soon as the title needs to be cleared for a sale, refinance, or insurance underwriting decision, or when the adverse claimant refuses to sign a correction.
  2. Proof gathering and pleadings: A title search is typically obtained to identify every recorded instrument affecting the property. If the decedent’s estate was never opened, the case often requires addressing how title passed after death (for example, whether there was a will that needed probate to pass title, or whether the property passed by intestate succession). Title companies commonly require recorded probate/heirship documents (not just family history) before they will insure.
  3. Resolution and recording: If the case settles, the adverse claimant may sign a recordable deed/release that removes the cloud. If the case is decided by the court, the final judgment/order is recorded in the county land records so future buyers and title insurers can rely on it.

Exceptions & Pitfalls

  • “Original deed” is not always enough: Holding an old deed can help prove history, but title companies usually focus on the recorded chain of title and how title passed after the decedent’s death. If the property remained titled in the decedent’s name, the underwriting question becomes whether the correct heirs/devisees are established and whether all necessary parties are accounted for.
  • Quitclaim deeds can create real underwriting problems: A quitclaim deed may convey only whatever interest the grantor had (which might be none), but it still clouds the record. Many closings stall until the cloud is removed by a recorded correction or judgment.
  • Probate timing and recording issues: If there was a will, North Carolina has rules about when probate is needed for the will to be effective against certain third parties, and recording requirements can matter when land is in a different county. See N.C. Gen. Stat. § 31-39.
  • Missing heirs or unclear heirship: When an estate was never administered, it is common to discover additional heirs, deceased heirs, or heirs who must be located. Title companies often require a clean, recorded path through all heirs/devisees, not assumptions.
  • Do not rely on a realtor to “fix” title: Realtors help market property, but they do not adjudicate ownership. When there is a recorded competing deed, the solution is usually legal (recorded corrective instruments, probate filings, or a court case).
  • Lis pendens must be handled carefully: A lis pendens can protect the plaintiff during litigation, but it is tied to an actual lawsuit affecting title and should be canceled when the case ends. See N.C. Gen. Stat. § 1-120.

Conclusion

In North Carolina, a recorded ownership claim usually comes off the public record only through a recorded corrective document signed by the claimant or a recorded court judgment that determines title. When a later quitclaim deed creates a cloud on title—especially where the decedent’s property was never probated—title companies and realtors typically need recorded proof of the post-death chain of title plus a recordable cure for the competing deed. The most direct next step is to obtain a title search and, if the claimant will not sign a correction, file a quiet title action in Superior Court under N.C. Gen. Stat. § 41-10.

Talk to a Probate Attorney

If a later-recorded deed is being used to claim ownership of inherited property, our firm has experienced attorneys who can help explain options for clearing title and the timelines that can affect a sale or refinance. 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: Probate 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.