Real Estate Q&A Series

If we locate the deed, what are the next steps to map the boundaries and check for any liens or restrictions? – North Carolina

Short Answer

In North Carolina, once the deed is found, the next steps usually include (1) extracting the property’s legal description, (2) matching that description to recorded maps and public parcel records, (3) getting a survey if the description is unclear or disputed, and (4) running a title and lien search in the county records. Most liens and many restrictions show up through the Register of Deeds and the Clerk of Superior Court records, but some boundary issues and private restrictions require closer review of plats and the chain of title.

Understanding the Problem

In North Carolina real estate matters, the key question is what happens after a deed is located so the land can be identified on the ground and the public records can be checked for liens and restrictions. The decision point is whether the deed’s legal description is precise enough to match the parcel to recorded maps and to support a reliable records search for recorded encumbrances. This issue often comes up when only a street name is known and the deed is needed to confirm which tract is being discussed and what limitations may already affect it.

Apply the Law

North Carolina treats a deed’s legal description (often “metes and bounds,” or a reference to a recorded plat) as the backbone for boundary identification. The county Register of Deeds is the main office for recorded real-property documents such as deeds, deeds of trust, easements, and many recorded covenants. Many liens and litigation-related claims are found in court records maintained by the Clerk of Superior Court. A practical “deadline” issue is timing around a transaction: title and lien checks should be completed before closing, before major improvements begin, or before relying on a boundary line, because later-discovered claims can affect use and marketability.

Key Requirements

  • Lock in the legal description: Pull the exact description from the deed (plat book/page, metes-and-bounds calls, and any referenced prior deeds) so the correct tract is being mapped and searched.
  • Match the description to the county’s mapping and recorded plats: Use the deed’s references (and any recorded subdivision/plat information) to connect the description to a mapped parcel and neighboring tracts.
  • Search for recorded encumbrances in the right offices: Check county recording and court indexes for deeds of trust, easements, covenants/conditions, lien filings, foreclosure notices, and pending litigation notices that affect the land.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the deed is being used to move from a vague location (only a street name) to a definite tract. Once the deed is located, the legal description becomes the starting point for mapping boundaries, because public parcel maps usually depend on that description or on a referenced recorded plat. The same deed information (owner name(s), prior deed references, and legal description) also drives an accurate record search for mortgages, liens, easements, and recorded restrictions connected to that specific land.

Process & Timing

  1. Who files: No filing is required just to “map and check” after finding a deed; this is a records-and-survey process. Where: County Register of Deeds (land records) and the Clerk of Superior Court (certain lien and litigation records) in North Carolina. What: Obtain a certified or clear copy of the recorded deed; pull any referenced plats and prior deeds in the chain of title; gather the grantor/grantee names used for indexing. When: As soon as the deed is located, and before relying on boundaries for construction, fencing, or a sale.
  2. Map the boundaries from the legal description: If the deed references a recorded plat (for example, a lot in a subdivision), pull the plat and use it to identify lot lines and dimensions. If the deed is metes-and-bounds, translate the calls (bearings/distances) to a sketch or GIS overlay; then compare it to adjacent deeds to see whether the lines “close” and make sense with neighboring descriptions.
  3. Decide whether a survey is needed: If the description is old, uses natural monuments that changed, has gaps/overlaps, or conflicts with neighboring descriptions or fences, a licensed North Carolina land surveyor can locate corners/monuments and prepare a survey map. A survey often becomes the most practical way to resolve uncertainty before improvements or a transfer.
  4. Run the land-record and court-record searches for liens and restrictions: In the Register of Deeds records, search for deeds of trust, assignments, substitutions of trustee, partial releases, releases/satisfactions, easements, and recorded restrictive covenants affecting the property. In Clerk of Superior Court records, check for indexed lien notices and notices of pending litigation (lis pendens) tied to the owners and the property description.
  5. Confirm results by checking the chain of title: Work backward through prior deeds referenced in the current deed to confirm that restrictions or easements were not created earlier and carried forward, and to confirm that releases match the correct lien instruments and correct land.

Exceptions & Pitfalls

  • Not every “restriction” is obvious from a quick deed pull: Some limits appear only in older recorded instruments (prior deeds, declarations, easements) that are incorporated by reference, so a chain-of-title review matters.
  • Names and indexing issues can hide liens: A lien or lawsuit-related filing may be indexed under a variation of a name or a different owner in the chain. Searching only a current name can miss items.
  • Parcel maps are helpful but not proof of boundaries: County GIS often approximates lines. When the deed description is metes-and-bounds or when improvements sit near a line, relying on GIS alone can lead to fence or encroachment disputes.
  • Release/satisfaction documents must match the correct lien: A recorded mortgage/deed of trust may appear “open” unless the release/satisfaction is properly recorded and indexed. North Carolina requires the register of deeds to index certain satisfaction and related documents for security instruments.
  • Pending litigation can affect title even without a recorded lien: A recorded lis pendens can signal a dispute that impacts marketability and should be investigated through the court file.

Conclusion

In North Carolina, locating the deed is the starting point, not the finish. The next steps are to use the deed’s legal description (and any referenced recorded plat) to match the tract to mapped parcel records, then run a targeted land-record and court-record search for recorded liens, releases, easements, and restrictive covenants tied to that exact description and owner chain. If the description is unclear or conflicts with what is on the ground, the next step is to order a survey before relying on the boundary lines.

Talk to a Real Estate Attorney

If the goal is to pin down a North Carolina property from limited information and then confirm boundaries, liens, or restrictions, a real estate attorney can help coordinate the deed/plat review, direct the right record searches, and flag issues that often get missed. 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.