Feb252026
Real Estate Q&A Series

How do I transfer or update the deed for a property if the current title information is incorrect or outdated? – North Carolina

Short Answer

In North Carolina, a deed usually is not “updated” in place. Instead, the fix depends on what is wrong: a minor, nonmaterial mistake may be corrected by recording a corrective notice (often called a scrivener’s affidavit), while an ownership change or a material error typically requires a new, properly signed and notarized deed (or, in some cases, a court/clerk-ordered correction of the public record).

The right approach turns on whether the issue is a simple recording/typo problem, a true title/ownership problem, or missing information that affects how the Register of Deeds indexes and shows the property in public records.

Understanding the Problem

Under North Carolina real estate practice, the question is how to correct incorrect or outdated title information for a North Carolina property when the public record does not match what the parties believe it should show. The decision point is whether the problem is a minor mistake in a recorded instrument versus a material issue that changes ownership rights, because the required document and the office that handles it can differ. The action typically involves preparing a correction document or a new deed and recording it with the county Register of Deeds where the property is located.

Apply the Law

North Carolina allows certain minor errors in recorded instruments to be addressed by recording a corrective notice affidavit (often titled a “corrective notice” or “scrivener’s affidavit”) in the Register of Deeds office. For more significant problems—such as changing who owns the property, correcting a legal description that affects boundaries, or fixing an error that could affect someone’s rights—parties often must record a new corrective deed (properly executed and acknowledged) or pursue a formal correction process through the Clerk of Superior Court to correct the registration record.

Key Requirements

  • Identify the type of problem: A nonmaterial typo or minor mistake may be handled with a corrective notice affidavit; a material error or ownership change usually requires a new deed or a court/clerk process.
  • Use the right recording office: Deeds and correction instruments are recorded with the Register of Deeds in the county where the property lies.
  • Protect the chain of title: The correction document should clearly reference the prior recorded deed (book/page or instrument number) so the public record connects the correction to the original instrument.

What the Statutes Say

Analysis

Apply the Rule to the Facts: A law firm representative is reaching out on behalf of a client about a North Carolina property where the current title information is incorrect or outdated. If the issue is a minor, nonmaterial mistake (for example, a small typographical error that does not change anyone’s rights), recording a corrective notice affidavit under N.C. Gen. Stat. § 47-36.1 may be appropriate. If the issue changes ownership or could affect rights (for example, the wrong owner is listed, a grantor/grantee is missing, or the legal description is wrong in a way that changes what land is conveyed), the safer path is usually a new corrective deed or a formal correction process through the Clerk of Superior Court under N.C. Gen. Stat. § 47-36.

Process & Timing

  1. Who files: Typically the current owner(s), the party who needs the correction, or counsel preparing the instrument. Where: The county Register of Deeds where the property is located. What: One of the following, depending on the problem: (a) a corrective notice affidavit (often titled “Corrective Notice” or “Scrivener’s Affidavit”) referencing the prior deed’s recording details; (b) a new corrective deed that is signed and notarized; or (c) a petition to the Clerk of Superior Court to correct an error in the registration record. When: As soon as the error is discovered, especially before a refinance, sale, or estate transfer.
  2. Recording and indexing: The Register of Deeds records and indexes the correction instrument. For corrective notice affidavits, the statute requires the affidavit to be conspicuously identified as a corrective notice/scrivener’s affidavit and tied to the original recorded instrument by recording information.
  3. Follow-through: After recording, confirm the corrected instrument appears in the public record and that the indexing connects it to the prior deed. If the issue involves ownership or a boundary/legal description concern, a title update or attorney review is often used to confirm the chain of title reads correctly for future transactions.

Exceptions & Pitfalls

  • Using a scrivener’s affidavit for a material change: N.C. Gen. Stat. § 47-36.1 is aimed at nonmaterial, minor errors. If the correction would change anyone’s rights, a corrective notice affidavit may not be enough, and a new deed or court/clerk process may be needed.
  • Trying to “change the owner” without a deed: If the goal is to add/remove an owner or transfer ownership, that is typically a new conveyance, not a simple update. For more on this distinction, see add or change the owner.
  • Not tying the correction to the prior recording: A correction document should clearly reference the prior deed’s recording information so title searchers can follow the chain of title.
  • Legal description problems: Errors in metes-and-bounds, lot numbers, or referenced plats can be material. These often require a carefully drafted corrective deed and sometimes additional documentation to avoid creating a new ambiguity.
  • Tax/transfer reporting fields: North Carolina requires certain information in deeds conveying property, but missing information generally does not invalidate a duly recorded deed. Still, omissions can slow recording or create administrative issues. See N.C. Gen. Stat. § 105-317.2.
  • Wrong county: Deeds should be recorded in the county where the property is located. Recording elsewhere can create gaps in the public record for that county.

Conclusion

In North Carolina, correcting incorrect or outdated deed/title information usually means recording a new document rather than “editing” the old deed. Minor, nonmaterial mistakes may be handled by recording a corrective notice (scrivener’s affidavit) under N.C. Gen. Stat. § 47-36.1, while material errors or ownership changes typically require a new corrective deed or a petition to the Clerk of Superior Court under N.C. Gen. Stat. § 47-36. The next step is to identify whether the error is nonmaterial and then record the appropriate correction with the county Register of Deeds promptly.

Talk to a Real Estate Attorney

If a property’s deed or title information is incorrect or outdated, small paperwork issues can turn into major delays during a sale, refinance, or estate transfer. Our firm has experienced attorneys who can help identify the right correction method and handle the recording process. 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.