NC General Statutes

N.C. Gen. Stat. § 43-1 (2026)

Jurisdiction in superior court

✓ current as of July 2026

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For the purpose of enabling all persons owning real estate within this State to have the title thereto settled and registered, as prescribed by the provisions of this Chapter, the superior court of the county in which the land lies in the State shall have exclusive original jurisdiction of all petitions and proceedings had thereupon, under the rules of practice and procedure prescribed for special proceedings except as herein otherwise provided. (1913, c. 90, s. 1; C.S., s. 2377.)

Notes of Decisions

Cited in 5 cases, 1974–2013 · leading case: Tillman v. Com. Credit Loans, Inc., 655 S.E.2d 362 (N.C. 2008).

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Tillman v. Com. Credit Loans, Inc., 655 S.E.2d 362 (N.C. 2008). · cites it 3× “See N.C.G.S. § 43-1 (2007). Moreover, our foreclosure statutes contain provisions protecting homeowners.”

Tillman v. Com. Credit Loans, Inc., 629 S.E.2d 865 (N.C. Ct. App. 2006). · cites it 4× “Further, the fact that the North Carolina superior courts have "exclusive jurisdiction" over any action affecting title to land is a good reason to exclude foreclosure actions from arbitration agreements.”

Adams Creek Assocs. v. Davis, 746 S.E.2d 1 (N.C. Ct. App. 2013). · cites it 4× “23 acres of the Land, which included the Waterfront Property, pursuant to the North Carolina Torrens Act, N.C. Gen. Stat. § 43-1 et seq. (the “Torrens Proceeding”).”

Rock v. Ballou, 209 S.E.2d 476 (N.C. 1974). · cites it 3× “The question which arose immediately thereafter was whether a proceeding under the Torrens law (G.S. § 43-1 et seq.) would produce a marketable title and, if so, how much it would cost.”

Curley v. Adams Creek Assocs., 409 F. App'x 678 (4th Cir. 2011). “Here, Curley asked the district court to invalidate a proceeding brought to register a parcel of disputed property pursuant to North Carolina’s Torrens Act, N.C. Gen. Stat. Ann. § 43-1 , et seq. (West 2009).”

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