Real Estate Q&A Series

How do I transfer land into my parent’s name with a new deed? – North Carolina

Short Answer

In North Carolina, land is typically transferred to a parent by signing a new deed that correctly identifies the current owner (grantor), the parent (grantee), and the legal description of the property, and then recording that deed with the county Register of Deeds where the land is located. The deed must be properly signed and notarized, and it should include the required transfer-reporting information that counties use for tax appraisal records. If the property is “registered land” (Torrens), the transfer uses a different recording process that involves the certificate of title.

Understanding the Problem

Under North Carolina real estate law, can a current landowner transfer ownership into a parent’s name by preparing and recording a new deed, and what steps must be followed so the county records show the parent as the new owner? The key trigger is the act of conveying the property (even as a gift) and then recording the deed in the county where the land sits so the public records update.

Apply the Law

In North Carolina, a deed is the written instrument used to convey real property from a grantor to a grantee. To make the transfer effective in the public record, the deed must be executed correctly and recorded with the Register of Deeds in the county where the land is located. North Carolina also requires certain transfer-reporting information to be included in deeds so the county can keep accurate tax appraisal records; missing that information generally does not invalidate a deed that is otherwise properly recorded. A smaller category of property is “registered land” (often called Torrens), which uses a certificate-of-title system and has extra steps and timing rules for recording the transfer.

Key Requirements

  • Correct deed and parties: The deed must clearly identify the current owner as the grantor and the parent as the grantee, and it must state what interest is being transferred (for example, the entire ownership or a partial interest).
  • Accurate property description: The deed must include the legal description (often by metes-and-bounds or by reference to a recorded plat). If only part of a tract is being transferred, the description must match the portion being conveyed.
  • Proper execution and recording: The grantor must sign and have the signature notarized, then the deed must be recorded with the county Register of Deeds where the land is located. If the land is registered land, the transfer is recorded against the certificate of title and may require presenting the certificate for cancellation and re-issuance.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the goal is to move title for land located in North Carolina into a parent’s name. That generally means preparing a deed that correctly lists the current owner as grantor and the parent as grantee, includes the correct legal description, and is signed and notarized. The deed then gets recorded with the Register of Deeds in the county where the land is located, and it should include the transfer-reporting details counties require for tax appraisal records. If the land is registered land, the transfer typically must be tied to the certificate of title and handled under the registered-land recording process.

Process & Timing

  1. Who files: Typically the grantor, grantee, or the closing attorney. Where: The Register of Deeds in the North Carolina county where the land is located. What: A properly executed deed (and, if applicable, any county-required transfer-reporting information included in the deed). When: As soon as the deed is signed and notarized; for registered land, the transfer should be presented for entry within 30 days to reduce the risk of problems from prior registration.
  2. Recording review and indexing: The Register of Deeds reviews the document for recordability and indexes it in the public records. Processing time varies by county and workload.
  3. Updated ownership record: Once recorded, the public record reflects the parent as the owner (or co-owner, if only a partial interest was conveyed). For registered land, the office notes the transaction on the consolidated real property records and issues a new certificate of title reflecting the new owner.

Exceptions & Pitfalls

  • Using the wrong process for registered land: Most North Carolina property is recorded under the standard deed system, but registered land follows a certificate-of-title process. Missing the registered-land steps can delay or cloud the record update.
  • Bad legal description: A street address is not enough. A deed with an incorrect or incomplete legal description can create title problems and may require a corrective deed.
  • Partial-interest transfers: Transferring “half” or carving out part of a tract requires careful drafting. For registered land, a partial transfer may require a map/plat showing boundaries.
  • Missing transfer-reporting information: North Carolina requires certain names, mailing addresses, and other transfer-reporting details in deeds for tax appraisal administration. Even if a deed can still be valid when recorded, missing information can trigger rejections, delays, or follow-up requests depending on local practice.
  • Unintended consequences outside deed mechanics: A deed transfer can affect financing, eligibility for certain programs, and estate planning goals. For tax consequences, a tax attorney or CPA should review the plan before signing.

Conclusion

In North Carolina, transferring land into a parent’s name usually requires a properly drafted deed that identifies the grantor and parent-grantee, includes the correct legal description, is signed and notarized, and is recorded with the Register of Deeds in the county where the land is located. The deed should also include the required transfer-reporting information used for tax appraisal records. If the property is registered land, the transfer must be recorded through the certificate-of-title process and should be presented for entry within 30 days.

Talk to a Real Estate Attorney

If a deed transfer is needed to put land into a parent’s name, our firm has experienced attorneys who can help prepare the correct deed, confirm the legal description, and record it with the right county office. 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.