What is a Partition Action and Why is a Title Search Essential in North Carolina?
Understanding Partition Actions in North Carolina
When two or more individuals own real estate together as tenants in common or joint tenants and cannot agree on use or disposition, a partition action provides a legal solution. Under North Carolina General Statute 46-2 (G.S. 46-2), any co-owner may ask the court to divide the property. The court can order a partition in kind, which splits the land into physically separate parcels, or a partition by sale, which sells the property at public auction and divides the proceeds among owners.
To begin, a plaintiff files a complaint naming all co-tenants as defendants. The clerk issues a lis pendens to warn the public of the pending action. If co-owners cannot agree on a fair division, the court appoints commissioners to survey and value the property. Once commissioners submit their report, the court issues a final order either dividing the parcels or directing a sale. After sale, the clerk distributes the funds according to each owner’s legal share.
Why a Title Search is Essential in Partition Actions
Before filing the complaint, conducting a thorough title search protects all parties. A title search examines public records in the register of deeds office to identify each recorded owner of the property. It also uncovers any liens, mortgages, easements, boundary disputes, and other encumbrances that affect marketable title.
North Carolina’s recording statute requires deeds, mortgages and judgments to be recorded in the county where the land lies (G.S. 47-18). A complete search ensures you name every co-tenant in the lawsuit and address all liens before or during the partition process. Failing to include an owner or resolve a recorded lien may lead to delays, additional litigation, or challenges to the final court order.
Key Takeaways
- Partition actions under Chapter 46 of the North Carolina General Statutes let co-owners seek division or sale of real property.
- A partition in kind divides the land; a partition by sale turns the property into cash proceeds.
- A title search identifies all co-owners and reveals liens, mortgages, easements, and other encumbrances.
- North Carolina’s recording statute (G.S. 47-18) governs which documents appear in public records.
- Missing an owner or lienholder can invalidate a partition judgment or lead to future disputes.
Resolving co-ownership disputes often involves complex procedural and title issues. At Pierce Law Group, our attorneys guide you through every step of the partition process and perform comprehensive title searches to safeguard your rights. To discuss your case, call (919) 341-7055 or email intake@piercelaw.com.
