How do I figure out who legally owns the property and what the title shows? – North Carolina

Short Answer

In North Carolina, the starting point is the county Register of Deeds, where deeds and many other documents affecting ownership are recorded. The most recent recorded deed usually identifies the current record owner, and the surrounding recorded documents (like deeds of trust, releases, easements, and court filings) help show what the title is “subject to.” A quick online lookup can help, but a proper title review often requires tracing the chain of title and checking for liens and other recorded interests.

Understanding the Problem

In North Carolina real estate matters, the question is often: who is the record owner shown in the county land records, and what recorded items limit or affect that ownership. The actor is typically a buyer, seller, heir, lender, or neighbor trying to confirm ownership before taking the next step. The action is reviewing the public record (and sometimes court records) to see the most recent deed and any recorded claims, liens, or restrictions that appear in the chain of title. The key trigger is usually a planned transaction or dispute where relying on an assumption about ownership creates risk.

Apply the Law

North Carolina uses a public recording system. Documents like deeds and deeds of trust are recorded in the office of the Register of Deeds in the county where the property is located. Recording matters because properly recorded instruments generally provide notice to others and help establish priority between competing claims. In some counties and for some parcels, land may be under the “registered land” (Torrens) system, which uses a certificate-of-title style record; most property is in the standard recording system.

Key Requirements

Identify the correct parcel: Ownership research starts with the right county and a reliable identifier (street address can help, but parcel ID/tax PIN and the legal description are more dependable).
Find the last recorded deed in the chain: The most recent deed of record typically shows the current record owner and how title was taken (for example, individual, joint owners, trust, or entity).
Check what title is “subject to”: Recorded items like deeds of trust (mortgages), releases/satisfactions, easements, restrictive covenants, judgments, and certain notices can affect what the owner can do with the property or whether it can be sold cleanly.

What the Statutes Say

N.C. Gen. Stat. § 47-28 (Recording powers of attorney affecting real property) – If someone signed a deed as an agent, the power of attorney generally must be recorded and referenced so the land records show the agent’s authority.
N.C. Gen. Stat. § 47B-4 (Notice to preserve certain older claims) – North Carolina allows certain claims to be preserved by recording a notice within a statutory period, which can affect what appears in a title review.
N.C. Gen. Stat. § 43-13 (Registered land system records) – For registered land, the register maintains a certificate of title and notes later transactions affecting title.

Analysis

Apply the Rule to the Facts: With only intake-level facts, the practical first step is identifying the county where the property sits and pulling the most recent recorded deed from that county’s Register of Deeds. That deed usually answers “who owns it of record,” while the surrounding recorded documents help show what the title includes and what burdens it. If the land is registered (less common), the analysis shifts to reviewing the certificate of title and the entries noted on it.

Process & Timing

Who searches: A property owner, buyer, lender, or attorney. Where: The Register of Deeds office in the North Carolina county where the property is located (often searchable online). What: The most recent deed and related recorded instruments (deeds of trust, releases, easements, plats, and notices) using grantor/grantee indexes and/or parcel identifiers. When: Before signing a contract, closing, filing a lawsuit, or spending money on improvements tied to ownership.
Build the chain of title: Work backward from the most recent deed to earlier deeds to confirm each transfer lines up (names, vesting, and legal description) and to spot gaps, mismatches, or transfers by agent/trust/entity that may require extra documentation.
Confirm what “title shows” today: Review recorded liens and encumbrances and confirm whether older items were released, satisfied, or otherwise resolved; then summarize the record owner and the recorded burdens that remain.

Exceptions & Pitfalls

“Record owner” vs. other claims: The deed records usually show record ownership, but disputes can involve unrecorded agreements, boundary issues, or claims that do not appear clearly without deeper investigation.
Name and description mismatches: A small error (middle initial, prior name, entity name, or legal description) can hide documents in the index or create questions about whether a deed actually conveyed the intended parcel.
Agent signatures and authority: If a deed was signed under a power of attorney, the land records should also show the recorded power of attorney information; missing or unclear authority can slow a transaction even if the deed is recorded.

Conclusion

In North Carolina, figuring out who owns a property and what the title shows usually means pulling the most recent recorded deed from the county Register of Deeds and then reviewing related recorded documents that affect ownership, like deeds of trust, releases, easements, plats, and recorded notices. If the property is registered land, the certificate of title controls what appears of record. The next step is to obtain the latest deed and start a chain-of-title review through the Register of Deeds as early as possible before any transaction or filing.

Talk to a Real Estate Attorney

If you’re dealing with a question about who owns a property or what the recorded title shows in North Carolina, our firm has experienced attorneys who can help explain what the land records mean and what to do next. 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.