How do I confirm whether there are any restrictions, easements, or encumbrances on the property? – North Carolina

Short Answer

In North Carolina, restrictions, easements, and many other encumbrances are usually confirmed by doing a records search in the Register of Deeds office for the county where the property is located. The goal is to review the current deed and then follow the chain of title backward to find recorded items like restrictive covenants, utility or access easements, and deeds of trust (liens). A complete confirmation often also includes checking recorded plats and, when needed, asking a title company or real estate attorney to run a formal title search and issue a title opinion or title insurance commitment.

Understanding the Problem

In North Carolina real estate, the practical question is: can the property be used, accessed, or transferred without hidden limits—or does the land have recorded restrictions, easements, or other encumbrances that affect it. A common trigger is a purchase, refinance, boundary question, development plan, or a request from a lender. The decision point is whether the public record (and any related recorded maps) shows an item that limits use (like a restrictive covenant), grants someone rights over the land (like an easement), or secures a debt (like a deed of trust).

Apply the Law

North Carolina generally treats properly recorded real estate instruments as part of the public record in the county where the land sits. That is why the county Register of Deeds is the main place to confirm recorded restrictions, easements, and many encumbrances. Easements and rights-of-way are commonly created (or confirmed) by recorded instruments, and North Carolina law specifically addresses recording of easement instruments in the county where the affected land is located.

Key Requirements

  • Identify the correct parcel and legal description: Confirm the property’s legal description (often a lot number and recorded plat reference, or a metes-and-bounds description) so the search matches the correct land.
  • Review the current deed and follow the chain of title: Restrictions and easements are often referenced in deeds by book/page, prior deed references, or plat references. A reliable confirmation usually requires checking earlier deeds and referenced documents, not only the latest deed.
  • Check for recorded encumbrances and releases: Look for deeds of trust, judgments, and other recorded liens, and then confirm whether a recorded satisfaction, cancellation, or release exists.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, a law firm representative is reaching out about a North Carolina property in a specific jurisdiction. To confirm restrictions, easements, or encumbrances, the key step is to pull the most recent deed from the county Register of Deeds and then review every “subject to” reference (prior deeds, plats, and recorded declarations). Next, the search should identify any recorded easements (often separate instruments) and any recorded liens (such as deeds of trust), and then confirm whether releases or satisfactions were recorded.

Process & Timing

  1. Who files: No filing is required to “confirm,” but a requester (owner, buyer, lender, or attorney) typically orders the search. Where: The Register of Deeds office in the North Carolina county where the property is located (many counties also provide online access). What: Pull the current deed; then pull all documents referenced in the deed (prior deed book/page, plats, and any recorded declarations/agreements); then run a grantor/grantee search for the current owner and prior owners for the relevant time period. When: Before closing, refinancing, or any major use change; timing can matter because new liens or documents can be recorded at any time up to and including the day of closing.
  2. Expand the search beyond the deed: Review recorded plats for easement notations (utility, drainage, access) and check whether the deed references recorded restrictions (often called restrictive covenants or a declaration). Then check for recorded deeds of trust and confirm whether a recorded satisfaction/cancellation exists.
  3. Confirm what is actually enforceable and what it means: Some recorded items are clear; others require interpretation (for example, an easement’s location may be described by a plat, a metes-and-bounds description, or a general “across the property” clause). When the record is unclear, a title company or real estate attorney can run a formal title search and, if needed, coordinate with a surveyor to match the legal description to what exists on the ground.

Exceptions & Pitfalls

  • “Subject to” language without attachments: A deed may say it is “subject to easements and restrictions of record” without listing them. That language is a red flag that the search must pull earlier deeds and referenced instruments.
  • Plats and map references get missed: Many easements are easiest to spot on a recorded plat. Skipping the plat review can lead to missing utility, drainage, or access easements.
  • Assuming an old loan was paid off without a recorded release: Even if a debt was paid, the public record may still show a deed of trust until a satisfaction/cancellation is recorded. That can delay a sale or refinance.
  • Indexing/name variations: Searches can miss documents if a prior owner’s name is spelled differently or if a deed was indexed unexpectedly. A careful chain-of-title approach helps reduce this risk.
  • Not all issues are obvious from a quick online look: Image quality, missing scans, or older records can require an in-person review or requesting certified copies. For related guidance, see options when online Register of Deeds images are too poor to verify details.

Conclusion

In North Carolina, confirming restrictions, easements, and encumbrances usually means reviewing the county Register of Deeds records for the property’s deed, referenced plats, and any recorded agreements, easements, and liens in the chain of title. Easements are commonly confirmed through recorded instruments in the county where the land is located. The most important next step is to order a title search and pull every document referenced by the current deed before any closing or major decision, and update the search close to recording to catch newly filed items.

Talk to a Real Estate Attorney

If a firm is dealing with confirming recorded restrictions, easements, or encumbrances on a North Carolina property, our firm has experienced attorneys who can help clarify what the public record shows, what it means, and what steps may be needed before a transaction moves forward. Call us today at [CONTACT NUMBER].

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.

Category: Real Estate Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.