Jan72026
Probate Q&A Series

How do I figure out what the deed actually says about the house versus separate pieces of land? – North Carolina

Short Answer

In North Carolina, the deed usually does not describe “the house” separately from “the land.” Instead, it describes one or more parcels of land using a legal description (often by referencing a recorded plat/map or by metes-and-bounds), and the house is typically treated as part of the land it sits on.

To figure out whether the deed covers one parcel or multiple parcels (and whether any piece is excluded), the key is to read the legal description carefully, pull any referenced plats and prior deeds from the Register of Deeds, and compare those descriptions to the county tax parcel records. When the description is unclear or parcels overlap, a survey and a title review often become necessary.

Understanding the Problem

In North Carolina probate situations, a common question is: can a deed be read to determine whether the inherited “property” includes the house and all surrounding land, or whether the deed covers separate parcels (for example, a homesite lot plus an additional tract across a road or behind the house). The decision point is whether the deed’s legal description conveys one combined tract, multiple tracts, or a tract with specific exceptions that carve out pieces. That answer affects what can be sold, what must be kept together, and what interests heirs or devisees may actually own.

Apply the Law

Under North Carolina law, a deed conveys what its legal description conveys. The description may be written out (metes-and-bounds with courses and distances), may use “lot and block” language tied to a subdivision, or may incorporate a recorded plat by reference. A recorded plat can function like the description being written into the deed when the deed clearly references it. In practice, separating “the house” from “the land” usually happens only if the deed describes different parcels, excludes a parcel, or reserves rights (like easements) that affect use but not ownership.

Key Requirements

  • Identify the legal description: Find the “Being all of…” or “Lying and being in…” paragraph(s) and determine whether it describes one tract or multiple tracts (often labeled “Tract 1,” “Tract 2,” etc.).
  • Follow incorporated references: If the deed references a plat book/page, map, or prior deed book/page, pull those records and read them too. The referenced documents are often where the parcel boundaries are actually defined.
  • Check for exceptions and reservations: Look for language like “EXCEPTING,” “RESERVING,” or “SUBJECT TO.” Exceptions can remove land from the conveyance; “subject to” clauses often signal easements or restrictions that may affect use but usually do not remove ownership.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the inherited deed appears to show the house and parts of the land as separate parcels. That usually means the deed’s legal description either (1) lists multiple tracts, (2) conveys one tract but expressly excludes another piece, or (3) references plats/prior deeds that reveal separate parcels. Before family members decide whether to sell everything or only part, the legal description and any referenced plats and prior deeds need to be gathered and compared to current parcel identification numbers and maps to confirm what was actually conveyed.

Process & Timing

  1. Who pulls records: An heir/devisee, personal representative, attorney, or title professional. Where: The North Carolina county Register of Deeds where the land is located. What: The recorded deed, any referenced prior deeds (book/page), and any referenced plats (plat book/page). When: Before signing a listing agreement, contract to sell, or any deed among family members.
  2. Match the deed to parcels: Compare the deed’s legal description to the county tax office’s parcel records (PINs) and GIS maps. If the deed lists multiple tracts, each tract may correspond to a different PIN, but that is not guaranteed.
  3. Resolve uncertainty: If the description is unclear, overlaps another description, or the house appears to sit near a boundary line, a licensed surveyor may be needed to locate the boundaries on the ground. A title review can also confirm whether the deed chain matches the parcels being discussed for sale.

Exceptions & Pitfalls

  • “House vs. land” misunderstanding: A deed usually does not separate the house from the land; it separates parcels. A family discussion framed as “selling the house but keeping the land” often really means selling one tract and keeping another.
  • Missing referenced documents: If the deed says “as shown on plat recorded in Plat Book __, Page __” or “being the same property conveyed in Deed Book __, Page __,” the deed cannot be understood without pulling those records.
  • Exceptions that remove land: “Excepting” language can carve out a prior conveyance (for example, a one-acre lot previously sold off). People often miss this and assume the deed covers everything inside a fence line.
  • Tax parcel maps are helpful but not final: GIS and tax maps are useful for orientation, but the deed and recorded plats control ownership boundaries. When they conflict, a survey and title review usually control the next steps.
  • Occupancy and family conflict: When relatives are living in the house, moving them out cannot be handled by changing locks or shutting off utilities. The proper process depends on the occupant’s legal status (tenant, co-owner, or guest) and should be evaluated before taking action.

Conclusion

In North Carolina, the deed controls what was inherited, and it usually describes land parcels—not the house as a separate item. The practical way to figure out whether the deed covers the house lot, additional tracts, or excludes certain pieces is to read the legal description, pull any referenced plats and prior deeds from the Register of Deeds, and match those descriptions to the county’s parcel records. Next step: obtain the recorded deed and every plat/deed reference it cites from the Register of Deeds before any sale or transfer is signed.

Talk to a Probate Attorney

If a family is dealing with inherited real estate where the deed may describe multiple parcels (and there is disagreement about selling all or part), our firm has experienced attorneys who can help clarify what the recorded documents show and what options fit the probate timeline. 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.