How to Fix Deed Description Errors and Clear Title Issues Before Selling Inherited Co-Owned Real Estate in North Carolina
Detailed Answer
When you inherit property in North Carolina with co-owners, accurate deed descriptions and clear title matter. Buyers and lenders require a clean chain of title. If a deed contains a boundary error, a missing metes-and-bounds call, or a typo in a lot number, you must correct it before the sale. Here’s how:
1. Review the Chain of Title
Start by obtaining all recorded deeds, surveys, and plats. Compare the property description in the current deed with prior deeds and any recent surveys. Identify any inconsistencies such as:
- Incorrect lot or block numbers
- Missing or misstated boundary calls
- Mismatched references to monuments or adjacent tracts
2. Use a Corrective Deed or Affidavit
If the error is a typographical mistake or a minor boundary call issue, you can file:
- Corrective Deed: Co-owners execute and record a new deed that clearly states it corrects the prior deed. It must reference the original book and page.
- Affirmation to Correct Recorded Instrument: Under N.C. Gen. Stat. § 47-10.1, you may record an affirmation that explains the error and sets out the correct description.
3. Quiet Title Action
If title defects go beyond scrivener’s errors or if an unknown claimant asserts rights, file an action to quiet title under N.C. Gen. Stat. § 41-10. A court order will confirm who holds title free of adverse claims.
4. Partition or Buyout Agreement
Co-owners who cannot agree to corrective steps or sale terms can seek a partition action under N.C. Gen. Stat. § 46-9. The court may order a division of the land or a forced sale, with proceeds distributed among owners.
5. Final Title Search and Insurance
Once corrections are recorded or a court order issues, perform a final title search. Schedule title insurance to protect against any remaining hidden defects. The insurer will review all recorded instruments and your corrective documents.
Key Steps to Clear Title and Correct Deed Errors
- Gather deeds, plats, and surveys for comparison.
- Prepare and record a corrective deed or affirmation under N.C. Gen. Stat. § 47-10.1.
- File a quiet title action if a claimant disputes ownership (N.C. Gen. Stat. § 41-10).
- Use partition proceedings for co-owner disputes (N.C. Gen. Stat. § 46-9).
- Obtain a final title search and purchase title insurance.
Call to Action
Fixing deed errors and clearing title issues involves careful review of recorded documents and, in many cases, court proceedings. At Pierce Law Group, our attorneys have handled countless title defects and inherited property matters across North Carolina. We guide clients through corrective deeds, quiet title actions, and partition suits to ensure a smooth sale. Ready to clear your title? Email us at intake@piercelaw.com or call us today at (919) 341-7055.
