NC General Statutes
N.C. Gen. Stat. § 1-440.17 (2026)
Levy on real property
✓ current as of July 2026
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(a) In order to make a levy on real property, the sheriff need not go upon the land or take control over it, but he
(1) Shall make an endorsement upon the order of attachment or shall attach thereto a statement showing that he thereby levies upon the defendant's interest in the real property described in such endorsement or statement, describing the real property in sufficient detail to identify it clearly, and
(2) Shall, as promptly as practicable, certify such levy, and the names of the parties to the action, to the clerk of the superior court of the county in which the land lies.
(b) Upon receipt of the sheriff's certificate, the clerk shall docket the levy, as provided by G.S. 1-440.33. (1947, c. 693, s. 1.)
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 2020–2022 · leading case: Hatu v. Southco Distrib. Co. (Bankr. E.D.N.C. 2022).
Hatu v. Southco Distrib. Co. (Bankr. E.D.N.C. 2022). “N.C. Gen. Stat. § 1-440.33 (b). As to the process of levying on real property, N.”
Y2 Yoga Cotswold, LLC v. V. R. King Constr., LLC (Bankr. W.D.N.C. 2020). “33(b) provides that an attachment lien on real property attaches upon docketing and indexing of the levy by the Clerk: (b) When the clerk receives from the sheriff a certificate of levy on real property as provided by G.S. 1-440.17, the clerk shall promptly note the levy on his…”
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