Real Estate Q&A Series

How can I confirm if I’m a legal co-owner on the deed for the land and mobile home? – North Carolina

Short Answer

In North Carolina, co-ownership of land is proven by your name appearing as a grantee on a recorded deed in the county Register of Deeds. For a manufactured (mobile) home, ownership depends on whether the DMV title was canceled and the home was permanently affixed; if not canceled, you must be listed on the DMV title. If a deed was forged or recorded without your knowledge, you can ask the Superior Court to set it aside and clear title.

Understanding the Problem

You want to know whether you are legally a co-owner of North Carolina land and a manufactured home. The key question is: how do I confirm, under North Carolina law, that I am on title for the land and the home? One salient fact: you believe your sister recorded a deed using a different middle name and birth date without your knowledge.

Apply the Law

Under North Carolina law, ownership of real property is established by the public land records maintained by the county Register of Deeds. A person is a co-owner of land if the most recent deed conveying the property lists that person as a grantee. Manufactured homes are generally titled like vehicles with the DMV unless the title was canceled and the home was permanently affixed; only then does the home follow the land deed. The Superior Court, not the clerk’s office, resolves disputes over forged or fraudulent deeds and can quiet title and remove clouds on title.

Key Requirements

  • Recorded deed shows your name: Your full legal name should appear as a grantee on a deed recorded in the county Register of Deeds for the land.
  • Manufactured home status: If the DMV title was canceled and the home was affixed to the land, ownership follows the land deed; if not, you must be on the DMV certificate of title to be a co-owner of the home.
  • Name discrepancies: Minor errors (spelling, middle initial) may be correctable without changing ownership; a forged signature or deed executed without authority is void and requires court action to clear.
  • Forum: The Register of Deeds records documents; the Superior Court decides title disputes (quiet title/declaratory relief) and can set aside a forged deed.
  • Trigger and timing: Act promptly if you suspect forgery; deadlines to challenge fraudulent instruments can run from when you discovered the issue.

What the Statutes Say

Analysis

Apply the Rule to the Facts: First, check the Register of Deeds in the county where the land sits; if your name does not appear as a grantee on the current deed, you are not recognized as a co-owner of the land of record. Second, determine whether the manufactured home’s DMV title was canceled and the home affixed; if not canceled, you must be on the DMV title to be a co-owner of the home. Because a deed was recorded using a different middle name and birth date without your knowledge, that points to either a fixable clerical error (if you did sign) or a void forged deed (if you did not), which requires a Superior Court action to clear.

Process & Timing

  1. Who files: You. Where: County Register of Deeds where the land is located in North Carolina. What: Request copies of the last deed into the current owner and any subsequent deeds, correction instruments, or affidavits; obtain a certified copy if needed. When: Immediately; records are typically available same day online or in person.
  2. Confirm the manufactured home’s status: look in the Register of Deeds for a recorded title cancellation/affixation document; if none, request a DMV title record to see whose names are on the manufactured home title. This can usually be completed within days.
  3. If your name is missing or a deed appears forged, file a civil action in Superior Court in the county where the property sits seeking declaratory relief/quiet title and, if appropriate, to set aside the deed; record a notice of lis pendens; after judgment, record the order and any corrective deed to clear the record.

Exceptions & Pitfalls

  • Minor clerical errors can often be corrected; they do not change who owns the property. A forged deed cannot be “corrected” and must be addressed in court.
  • Paying taxes or making improvements does not create ownership; title still depends on the deed (or DMV title for a manufactured home that is not affixed).
  • Name variations can complicate searches; search all known name variants and check the legal description and parcel identifiers to avoid missing documents.
  • If the manufactured home’s DMV title was never canceled, being on the land deed alone does not make you an owner of the home.
  • Service and notice matter: if you file in court, make sure all record owners and affected parties are properly served to avoid delays or dismissal.

Conclusion

To confirm co-ownership in North Carolina, verify that your name appears as a grantee on a recorded deed for the land, and determine whether the manufactured home’s DMV title was canceled and affixed to the land; if not, your name must be on the DMV title to co-own the home. If the recorded deed used your identity without your knowledge, seek a Superior Court order to set it aside and clear title. Next step: obtain certified copies from the Register of Deeds and check the manufactured home’s title status.

Talk to a Real Estate Attorney

If you’re dealing with a deed that may be incorrect or fraudulent and need to confirm your ownership of land or a manufactured home in North Carolina, our firm has experienced attorneys who can help you understand your options and timelines. 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.