Dec312025
Real Estate Q&A Series

How do I figure out whether an old deed transferred just a share of land or also the house sitting on it? – North Carolina

Short Answer

In North Carolina, a deed that transfers an ownership interest in land usually transfers the improvements on that land too (including a house), unless the deed clearly carves something out or the house is treated as separate personal property by a separate agreement. The key is to read the deed’s granting language and legal description to see whether it conveyed (1) an undivided ownership share, (2) a specific parcel cut out of a larger tract, or (3) the entire tract. When older deeds conflict or the description is unclear, the next step is usually a title review using the register of deeds records (and sometimes a survey) to match the deeded interest to the physical home site.

Understanding the Problem

In North Carolina real estate, the question is often whether a past owner conveyed an ownership share in the same property where the house sits, or conveyed a different slice of the land that does not include the home site. This comes up when a parent’s intent was for the home and land to pass to the children, but older deed language and legal descriptions suggest the parent may have conveyed the property (or part of it) back to another family member. The decision point is whether the old deed describes an ownership interest that includes the house location, or an interest that does not include it.

Apply the Law

North Carolina deeds transfer whatever interest the grantor describes and has the power to convey, once the deed is properly executed and recorded. Most of the time, a conveyance of land carries the buildings and other permanent improvements with it because the house is treated as part of the real estate. The practical legal question becomes: what exactly did the deed convey—an undivided percentage interest in the whole tract, a separate parcel carved out by metes-and-bounds or by plat reference, or the entire tract? The main place to verify this is the county Register of Deeds (and, for registered land, the certificate-of-title system described in Chapter 43).

Key Requirements

  • Type of interest conveyed: The deed may convey the whole tract, a specific parcel, or an undivided share (for example, “an undivided one-half interest”).
  • Property description that can be matched to the ground: The legal description (metes and bounds, lot number, or plat reference) must identify what land is included, which determines whether the home site falls inside the conveyed area.
  • Proper execution and recording: A deed must be properly acknowledged/proven and recorded to effectively pass title through the public records, which is what later buyers and heirs rely on when sorting out ownership.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the concern is that older transfers may have conveyed either (1) an undivided share of the entire property (which would typically include the house because it sits on the land), or (2) a separate parcel carved out of a larger tract (which may or may not include the home site depending on the boundary calls). If the deed history shows a conveyance “back” to another family member, the key is whether the deed conveyed the whole tract, a defined parcel, or only a fractional interest—and whether the legal description matches the land where the house is located. If the property is registered land, the certificate-of-title records and any part-conveyance paperwork become especially important because the statutes require the transferred and retained interests to be specified and re-certified.

Process & Timing

  1. Who files: No one files anything just to “interpret” an old deed. Where: The county Register of Deeds where the property is located. What: Obtain certified copies (or clear images) of each deed in the chain, plus any referenced plats/maps, and (if applicable) any registered-land certificate of title and related transfers. When: As soon as a discrepancy is discovered, especially before any probate distribution, refinance, sale, or new deed is prepared.
  2. Match the description to the home site: Compare the deed’s legal description to recorded plats and GIS mapping, then confirm whether the house footprint sits within the described boundaries. If the deed conveys an “undivided interest,” confirm whether later deeds or estate records show how co-owners held title and whether any later deed conveyed the remaining interests.
  3. Resolve the title discrepancy: Depending on what the records show, resolution may involve a corrective deed (when appropriate), a boundary/survey update tied to the recorded description, or a court action to clear title when the records cannot be reconciled by agreement and documentation.

Exceptions & Pitfalls

  • “Undivided interest” versus “separate parcel” confusion: An undivided share means shared ownership of the whole tract, not a particular corner. A metes-and-bounds carve-out means a specific piece, which may exclude the home site.
  • Missing plats or vague calls: Older deeds often reference a plat “to be recorded” or use natural monuments that changed over time. Without the referenced plat or a survey that can retrace the calls, it can be hard to confirm whether the house sits on the conveyed land.
  • Registered land details: If the property is registered land, part transfers have formal certificate and description requirements, and the register of deeds records the description without guaranteeing it is accurate. That makes it important to collect the certificate history and any maps/plats tied to the registered estate.
  • Assuming tax records control ownership: Deed transfer reporting helps tax appraisal, but tax listings and “who pays the taxes” do not override what the recorded deeds convey.
  • Trying to “fix” title with the wrong document: A new deed from one family member cannot cure a missing interest that person does not own. The chain of title has to support the fix.

Conclusion

In North Carolina, an old deed usually transfers the land and the house on it unless the deed clearly limits what is being conveyed. The key is determining whether the deed conveyed the whole tract, a specific parcel described by boundaries or plat, or an undivided ownership share in the entire property. The next step is to pull the recorded deeds (and any referenced plats, and any registered-land certificate records) from the county Register of Deeds and match the legal description to the home site before any probate distribution or closing deadline.

Talk to a Real Estate Attorney

If a deed history suggests a parent may have conveyed the home, the land, or only a partial interest, a careful title review can clarify what was transferred and what can be fixed. Our firm has experienced attorneys who can help explain the records, identify the issue, and map out 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.

Category: Real Estate Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.