How can I confirm whether the deed transferring the house to me was recorded properly? – North Carolina

Short Answer

In North Carolina, the only way to confirm that a deed was recorded properly is to check the land records in the county where the property sits, usually through the Register of Deeds. A properly recorded deed will appear in the grantor/grantee index with a book and page or instrument number, and the deed image will show the Register of Deeds’ recording stamp. If the records still show a deceased grandparent or multiple heirs as owners, the transfer to a single heir probably was not completed or recorded correctly.

Understanding the Problem

The question here is narrow: under North Carolina real estate law, how can a person determine whether a deed that was supposed to transfer a house into that person’s name was actually recorded correctly? This typically comes up when a family member has died, someone was told the house would be put in one heir’s name, but county property records still list an older owner or a group of heirs. The concern is whether the deed exists, whether it was ever recorded, and whether the records now show clear title in just one person’s name.

Apply the Law

North Carolina law places the official real estate records in the office of the Register of Deeds in the county where the property is located. A deed becomes part of the public chain of title only when it is recorded there, with proper acknowledgment and indexing. Once accepted for registration, the deed is indexed under the grantor (seller) and grantee (buyer) names, and the Register’s recording stamp and instrument number confirm that it is part of the record.

Key Requirements

A valid, signed and acknowledged deed: The transfer must be in writing, properly signed by the grantor and notarized so the Register of Deeds can accept it.
Recording in the correct county: The deed must be delivered to the Register of Deeds in the county where the property lies and accepted for recording, with a recording stamp, date, and book/page or instrument number.
Proper indexing in the public record: The deed must appear in the grantor/grantee index and in the chain of title so that later searches show the new owner as the record owner.

What the Statutes Say

N.C. Gen. Stat. § 47-14 (Register of deeds to verify and register instruments) – describes when and how the Register of Deeds must accept and record deeds and other instruments.
N.C. Gen. Stat. § 161-15 (Certify and register copies) – explains how deeds affecting land in more than one county are handled by the Register of Deeds.
N.C. Gen. Stat. § 161-22.1 (Indexing prior owners) – requires indexing of prior owners so the chain of title can be traced through the public records.
N.C. Gen. Stat. § 105-303 (Real property transfers and tax listings) – ties recorded transfers to the tax assessor’s records, which is why tax rolls may lag behind or differ from the actual chain of title.

Analysis

Apply the Rule to the Facts: In the facts given, a family member has died, and the house was supposed to be put into one heir’s name, but public records still show a grandparent and possibly “heirs” as owners. Under North Carolina law, if a deed from the estate or the other heirs to that heir had been properly signed, notarized, and recorded in the county Register of Deeds, it would appear in the grantor/grantee index and show that heir as grantee. If a search of the Register’s records by name and parcel description shows no such deed and the grandparent or “heirs of” language is still the last recorded owner, the deed either does not exist, was never recorded, or was recorded incorrectly and may need correction or re-recording.

Process & Timing

Who files: Typically, the grantee, closing attorney, or another party to the transfer submits the deed. Where: The Register of Deeds in the North Carolina county where the property is located. What: The original, notarized deed (for example, a general warranty deed, quitclaim deed, or executor’s deed), along with any required excise tax or forms posted on the county’s Register of Deeds website. When: As soon as possible after execution; until recording occurs, the deed does not give notice and may not protect the grantee against later purchasers.
Once recorded, the Register of Deeds assigns a book and page or instrument number, stamps the deed with the date and time of recording, and indexes it under the grantor and grantee names and the legal description. This indexing usually occurs within days, but timing can vary by county and workload.
The county tax office then updates its records based on information from the Register of Deeds under the permanent listing system. Tax records often lag behind recordings, so the deed record, not the tax card, is the primary proof of ownership. If an error is discovered in the recorded deed (for example, a misspelled name, wrong legal description, or missing signature), a corrective deed or, in some cases, a court order may be needed to clean up the title.

Exceptions & Pitfalls

Some North Carolina counties have older records that are not fully searchable online; confirming title may require an in-person search at the Register of Deeds and, in some cases, a review of older index books and plat books.
Heir property can be complicated. If the deceased owner died without a will or without a probate proceeding that authorized a deed, title may have passed by intestacy to multiple heirs, and additional deeds or a court proceeding may be required before one person can hold title alone.
Relying only on tax records is a common mistake. The tax office may list the person who pays the taxes, or may show “heirs of” language, even when the chain of title says something different. The Register of Deeds’ records control the legal title.
If the deed was signed but never delivered for recording, it may still be possible to record it if the original can be located and properly acknowledged, but questions about delivery, capacity, and timing can arise, especially after a grantor’s death.
If the deed was recorded but contains errors in names, legal description, or signatures, a corrective deed, supplemental affidavit, or, in serious cases, a court order may be needed to prevent future title problems when selling or refinancing.

Conclusion

Under North Carolina law, a deed is confirmed as properly recorded only when it appears in the Register of Deeds’ records for the county where the property lies, with a recording stamp, instrument number, and correct indexing under the prior owner and the new owner. If the last recorded deed still lists a grandparent or multiple heirs, then the intended transfer to a single heir has not been completed in the land records and may require new or corrective documents. The key next step is to obtain and review a full title search from the county Register of Deeds to see exactly what, if anything, has been recorded.

Talk to a Real Estate Attorney

If a deed was supposed to transfer a North Carolina home into one person’s name but county records still show a deceased relative or multiple heirs, our firm has experienced real estate attorneys who can help review the chain of title, work with the Register of Deeds, and prepare any needed corrective documents. 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 any specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If there is a deadline or a pending transaction, act promptly and speak with a licensed North Carolina attorney.