Within ten years an action -
(1) Upon a judgment or decree of any court of the United States, or of any state or territory thereof, from the date of its entry. No such action may be brought more than once, or have the effect to continue the lien of the original judgment.
(1a) Upon a judgment rendered by a justice of the peace, from its date.
(2) Upon a sealed instrument or an instrument of conveyance of an interest in real property, against the principal thereto. Provided, however, that if action on an instrument is filed, the defendant or defendants in such action may file a counterclaim arising out of the same transaction or transactions as are the subject of plaintiff's claim, although a shorter statute of limitations would otherwise apply to defendant's counterclaim. Such counterclaim may be filed against such parties as provided in G.S. 1A-1, Rules of Civil Procedure.
(3) For the foreclosure of a mortgage, or deed in trust for creditors with a power of sale, of real property, where the mortgagor or grantor has been in possession of the property, within ten years after the forfeiture of the mortgage, or after the power of sale became absolute, or within ten years after the last payment on the same.
(4) For the redemption of a mortgage, where the mortgagee has been in possession, or for a residuary interest under a deed in trust for creditors, where the trustee or those holding under him has been in possession, within ten years after the right of action accrued.
(5) Repealed by Session Laws 1959, c. 879, s. 2.
(6) Repealed by Session Laws 2019-164, s. 1, effective July 26, 2019, and applicable to actions arising on or after that date. (C.C.P., ss. 14, 31; Code, s. 152; Rev., s. 391; C.S., s. 437; 1937, c. 368; 1959, c. 879, s. 2; 1961, c. 115, s. 2; 1969, c. 810, s. 1; 1991, c. 268, s. 2; 1995 (Reg. Sess., 1996), c. 742, s. 1(a); 1997-456, s. 27; 1999-221, s. 3; 2004-203, s. 15(a); 2019-164, s. 1.)
Notes of Decisions
Lamb v. Styles, 824 S.E.2d 170 (N.C. Ct. App. 2019).
· cites it 10× “Plaintiffs argue several reasons why this Court should establish a rule that "holds licensed surveyors accountable for damages that foreseeably result from" their conduct: (1) N.C. Gen. Stat. § 1-47 (6) (2017) demonstrated that the General Assembly has sought to subject land…”
Nationstar Mortg., LLC v. Dean, 820 S.E.2d 854 (N.C. Ct. App. 2018).
· cites it 10× “Nationstar asserts the applicable statute of limitations is N.C. Gen. Stat. § 1-47 (2), which provides ten years to commence an action "[u]pon a sealed instrument or an instrument of conveyance of an interest in real property, against the principal thereto.”
McGuire v. Dixon, 700 S.E.2d 71 (N.C. Ct. App. 2010).
· cites it 26× “Defendants argue that the trial court erred, because the ten-year statute of limitations in N.C. Gen. Stat. § 1-47 (2) (2009) should have been applied to their counterclaims given that the promissory notes and modification agreement were signed under seal.”
Wener v. Perrone & Cramer Realty, Inc., 528 S.E.2d 65 (N.C. Ct. App. 2000).
· cites it 19× “§ 1C-1705(a), pleading “the statute of limitations, [N.C.G.S. § 1-47(1) (1999)] as defense in bar of plaintiffs filing.”
Davis v. Woodlake Partners, LLC, 748 S.E.2d 762 (N.C. Ct. App. 2013).
· cites it 18× “parties constituted a sealed instrument, we conclude that the trial court correctly declined to enter summary judgment in favor of Defendant on statute of limitations grounds given that the contractual documents *93 executed by the parties constitute a single agreement executed…”
Dunes South Homeowners Ass'n, Inc. v. First Flight Builders, Inc., 459 S.E.2d 477 (N.C. 1995).
· cites it 15× “Plaintiff argues that the Declaration containing defendant’s covenant to pay maintenance assessments was an instrument under seal subject to the ten-year statute of limitations contained in N.C.G.S. § 1-47(2) and, therefore, that no portion of its claim was time-barred.”
Square D Co. v. C. J. Kern Contractors, Inc., 334 S.E.2d 63 (N.C. 1985).
· cites it 10× “The first issue is whether it was erroneous for the trial judge, under the facts of this case, to conclude as a matter of law that a contract to which a corporate seal had been affixed is not a contract under seal, and thus not governed by the ten-year statute of limitations…”
In Re the Foreclosure of the Deed of Trust From Lake Townsend Aviation, Inc., 361 S.E.2d 409 (N.C. Ct. App. 1987).
· cites it 22× “The applicable statute of limitations for foreclosure proceedings is N.C. Gen. Stat. § 1-47 (3), which provides that an action must be commenced within ten years: For the foreclosure of a mortgage, or deed in trust for creditors with a power of sale, of real property, where the…”
North Carolina Nat'l Bank v. Holshouser, 247 S.E.2d 645 (N.C. Ct. App. 1978).
· cites it 8× “* * * § 1-47. Ten Years. —Within ten years an action — * * * (2) Upon a sealed instrument against the principal thereto.”
Stephens v. Hamrick, 358 S.E.2d 547 (N.C. Ct. App. 1987).
· cites it 9× “]” However, sums which become due more than 10 years before the filing of the complaint are barred by the 10-year provision of N.C.G.S. § 1-47 from being included when determining arrear-ages.”
Crogan v. Crogan, 763 S.E.2d 163 (N.C. Ct. App. 2014).
· cites it 12× “Plaintiff contends that, as a result, the ten-year statute of limitations in N.C. Gen. Stat. § 1-47 applies. N.C. Gen.”
— N.C. Gen. Stat. § 1-47(1) — 11 cases
Wener v. Perrone & Cramer Realty, Inc., 528 S.E.2d 65 (N.C. Ct. App. 2000).
“§ 1C-1705(a), pleading “the statute of limitations, [N.C.G.S. § 1-47(1) (1999)] as defense in bar of plaintiffs filing.”
— N.C. Gen. Stat. § 1-47(2) — 41 cases
McGuire v. Dixon, 700 S.E.2d 71 (N.C. Ct. App. 2010).
“Defendants argue that the trial court erred, because the ten-year statute of limitations in N.C. Gen. Stat. § 1-47 (2) (2009) should have been applied to their counterclaims given that the promissory notes and modification agreement were signed under seal.”
Dunes South Homeowners Ass'n, Inc. v. First Flight Builders, Inc., 459 S.E.2d 477 (N.C. 1995).
“Plaintiff argues that the Declaration containing defendant’s covenant to pay maintenance assessments was an instrument under seal subject to the ten-year statute of limitations contained in N.C.G.S. § 1-47(2) and, therefore, that no portion of its claim was time-barred.”
Square D Co. v. C. J. Kern Contractors, Inc., 334 S.E.2d 63 (N.C. 1985).
“The first issue is whether it was erroneous for the trial judge, under the facts of this case, to conclude as a matter of law that a contract to which a corporate seal had been affixed is not a contract under seal, and thus not governed by the ten-year statute of limitations…”
North Carolina Nat'l Bank v. Holshouser, 247 S.E.2d 645 (N.C. Ct. App. 1978).
“* * * § 1-47. Ten Years. —Within ten years an action — * * * (2) Upon a sealed instrument against the principal thereto.”
— N.C. Gen. Stat. § 1-47(3) — 2 cases
— N.C. Gen. Stat. § 1-47(4) — 1 case
— N.C. Gen. Stat. § 1-47(6) — 2 cases
Lamb v. Styles, 824 S.E.2d 170 (N.C. Ct. App. 2019).
“Plaintiffs argue several reasons why this Court should establish a rule that "holds licensed surveyors accountable for damages that foreseeably result from" their conduct: (1) N.C. Gen. Stat. § 1-47 (6) (2017) demonstrated that the General Assembly has sought to subject land…”
— N.C. Gen. Stat. § 1-47(s) — 1 case
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