Recording Statutes

Question 1

What type of recording statute does N.C. have?

Answer 1

Pure Race

Question 2

Under a pure race statute, what are the requirements?

Answer 2

The first to record is the title holder

(1) You can be a bad faith purchaser for value and with notice.
(2) The purchaser must have paid valuable consideration.

Question 3

What types of interest in real property can be recorded?

Answer 3

Any interest in real property

Question 4

What is the “cut-off” point for searching the records for a subsequent purchaser?

Answer 4

The search does not have to go back more than 30 years; unless,

1. Covenants limiting a residential subdivision
2. Mineral rights

Question 5

Deeds of gift must be recorded within?

Answer 5

2 years

Question 6

What is the requirement for a deed to be effectively recorded?

Answer 6

in North Carolina, an acknowledgment is required for a deed to be effectively recorded. Acknowledgment is accomplished by the grantor personally appearing before a proper official (such as a notary public) and stating that the execution of the instrument was voluntary. I