How to Finalize a Partition and Update Deeds After a Land Recombination Survey in North Carolina
1. Detailed Answer
When multiple owners share land, a partition action divides or sells the property so each owner gets a clear interest. After a licensed surveyor completes a land recombination survey, you must record the court’s partition decree, the recombination plat, and new deeds. Below is a step-by-step overview under North Carolina law.
Step 1: File a Partition Action
One or more co-owners must file a complaint for partition in superior court. The court relies on N.C. Gen. Stat. § 46-1 through § 46-18 to govern procedures. You list all owners, describe the property, and request either a division in kind or a sale.
Step 2: Conduct the Partition Proceeding
The court appoints a commissioner to survey and map the property. Under N.C. Gen. Stat. § 46-5, the commissioner surveys boundaries, divides parcels fairly, and submits a report and plat to the court.
Step 3: Obtain the Court Decree
If owners accept the commissioner’s report, the court issues a decree of partition under N.C. Gen. Stat. § 46-8. This decree states whether each new parcel goes to specific owners or authorizes a sale if division isn’t feasible.
Step 4: Record the Partition Decree and Plat
Record the court’s decree and the commissioner’s plat in the county Register of Deeds office. Recording follows N.C. Gen. Stat. § 47-30. This step creates public notice of each owner’s new parcel.
Step 5: Complete the Land Recombination Survey
A licensed surveyor files a land recombination plat that merges or reconfigures tax parcels. Under N.C. Gen. Stat. § 47-33, the surveyor certifies the plat and records it with the Register of Deeds and the county tax office or GIS unit.
Step 6: Prepare and Record New Deeds
Using the recombination plat and partition decree as references, draft new deeds conveying each parcel to the proper co-owner. In each deed, describe the property by referencing the book and page or instrument number of the recombination plat and the partition decree. Finally, record these deeds with the Register of Deeds.
Step 7: Update Tax and Mapping Records
After recording, notify the county tax office and GIS department. Provide copies of the recorded recombination plat and deeds so they can update the property’s tax parcel identification and mapping.
2. Key Steps at a Glance
- File a partition complaint in superior court (N.C.G.S. § 46-1).
- Appoint a commissioner to survey and report (§ 46-5).
- Obtain and record the court decree of partition (§ 46-8).
- Record the partition plat and decree (N.C.G.S. § 47-30).
- Have a licensed surveyor file the recombination plat (§ 47-33).
- Draft and record new deeds referencing the plat and decree.
- Update county tax and mapping records.
Contact Pierce Law Group
Finalizing a partition and updating deeds can involve court filings, formal surveys, and precise deed work. Our attorneys at Pierce Law Group guide you through each stage. For personalized help, email us at intake@piercelaw.com or call us at (919) 341-7055. Let us simplify the process and protect your property rights today.
