Do I have to record the new deed in person, or can it be electronically recorded in the county where the property is located? – North Carolina

Short Answer

In North Carolina, a deed usually does not have to be recorded in person. Depending on the county Register of Deeds, the deed may be eligible for electronic recording (often called “eRecording”), but electronic submission typically happens through approved “trusted submitters,” not by emailing a PDF. If the county does not accept electronic deeds (or does not accept that type of deed), the deed can still be recorded in paper form—often by mail, courier, or an in-person drop-off.

Understanding the Problem

In North Carolina, when co-owners want the title changed so only one person remains on the deed, a new recordable deed must be delivered to the county Register of Deeds where the property is located. The decision point is whether that deed must be taken to the Register of Deeds in person, or whether it can be submitted for recording electronically in that county. The practical trigger is whether the county Register of Deeds has an electronic recording system in place and whether the deed is submitted through an approved electronic recording channel.

Apply the Law

North Carolina law allows county Registers of Deeds to receive and record “electronic documents” for real property records, but it does not force every county (or every submitter) to use eRecording. In practice, eRecording generally requires the submitter to be authorized by the Register of Deeds (often under a trusted-submitter agreement), and the electronic document image must show the required notary acknowledgment elements. If a county is not set up for eRecording (or the system does not accept the document type), paper recording remains available.

Key Requirements

Recordability (including notarization/acknowledgment): The deed must appear to have been properly acknowledged before an authorized official (typically a notary), with the required notary information that the Register of Deeds verifies on its face.
County acceptance of eRecording: Electronic recording is available only if the county Register of Deeds accepts electronic documents and the submission is made through an authorized channel (commonly a government unit or a “trusted submitter” under an agreement with the Register of Deeds).
Power of attorney handling (if an agent signs): If the ex-spouse’s signature is provided by an agent under a power of attorney, the power of attorney generally must already be recorded (or be recorded as required), and the deed should include the power of attorney’s recording reference information.

What the Statutes Say

N.C. Gen. Stat. § 47-16.4 (Recording of documents) – Allows the Register of Deeds to receive and record electronic documents and continue accepting paper documents.
N.C. Gen. Stat. § 47-16.3 (Validity of electronic documents) – Treats electronic documents/signatures/notarization as satisfying “original,” “paper,” “signed,” and notarization requirements if the electronic recording rules are met.
N.C. Gen. Stat. § 47-14 (Register of deeds to verify proof/acknowledgment; electronic documents) – Requires the Register of Deeds to verify the presence of an apparent acknowledgment, and sets conditions for accepting electronic documents (including trusted submitter requirements).
N.C. Gen. Stat. § 47-28 (Powers of attorney) – Requires recordation of a power of attorney (or a certified copy) before an agent executes a real property transfer, and requires the deed to reference where the power of attorney is recorded in many situations.
N.C. Gen. Stat. § 161-30 (Modernization of land records) – Recognizes that some land-record documents are submitted electronically and addresses certain “on the face of the document” requirements differently for electronic submissions.

Analysis

Apply the Rule to the Facts: The goal is to record a new deed that removes an ex-spouse and leaves one owner on title. Because the ex-spouse is willing to be removed and a power of attorney has already been recorded, the deed can be structured so the ex-spouse (or an authorized agent) signs and the signature is properly notarized, which supports recordability. Whether the deed can be electronically recorded depends less on the parties’ agreement and more on whether the county Register of Deeds accepts eRecording from the person/entity submitting it (often requiring trusted-submitter status).

Process & Timing

Who files: Typically the party receiving title (or that person’s attorney) submits the deed for recording. Where: The Register of Deeds in the North Carolina county where the property is located. What: A properly executed and notarized deed (and, if applicable, the recorded power of attorney reference information; sometimes a certified copy of the power of attorney is requested if the recording data is unclear). When: Generally, record promptly after execution; there is no single statewide “must-record-by” deadline for ordinary deeds, but delays can create priority problems if another document is recorded first.
If eRecording is desired: Confirm the county Register of Deeds accepts electronic deeds and identify the approved submission method. In many counties, eRecording is done through an approved vendor platform by a “trusted submitter” under an agreement with the Register of Deeds, rather than by walk-in submission or email.
If paper recording is used: The signed and notarized original paper deed is delivered to the Register of Deeds (often by mail, courier, or in person). After recording, the office returns a recorded copy or confirmation based on the county’s procedure, and the public record reflects the updated ownership.

Exceptions & Pitfalls

“Electronic” does not mean “email it in”: Many Registers of Deeds only accept eRecorded deeds from approved, authorized submitters (often under a trusted-submitter agreement).
Notary/acknowledgment problems: The Register of Deeds must see an apparent acknowledgment (and, for electronic documents, the required acknowledgment elements must appear on the digitized image). Missing notary information can cause rejection or delays.
Power of attorney details: Even when a power of attorney is already recorded, deeds signed by an agent commonly need to reference the power of attorney’s recording data (book/page and county). Omitting that information can lead to rejections or later title questions.
County-specific formatting rules: Counties can differ on cover-page details, indexing needs, and how they handle returns for electronically submitted documents. A deed that is recordable statewide can still be rejected for local formatting issues.

Conclusion

In North Carolina, recording a new deed usually does not require an in-person visit to the Register of Deeds. A deed may be electronically recorded only if the county Register of Deeds accepts eRecording and the deed is submitted through an authorized channel (often a trusted submitter). Otherwise, the deed must be recorded in paper form. The most important next step is to confirm the property’s county Register of Deeds eRecording requirements and submit the executed, notarized deed for recording promptly.

Talk to a Real Estate Attorney

If a deed needs to be updated after a separation or divorce and the question is whether it can be electronically recorded in the county where the property is located, a real estate attorney can help confirm the correct deed, signature method (including power of attorney issues), and the county’s eRecording rules. 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.