NC General Statutes

N.C. Gen. Stat. § 43-6 (2026)

Who may institute proceedings

✓ current as of July 2026

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Any person, firm, or corporation, including the State of North Carolina or any political subdivision thereof, being in the peaceable possession of land within the State and claiming an estate of inheritance therein, may prosecute a special proceeding in rem against all the world in the superior court for the county in which such land is situate, to establish his title thereto, to determine all adverse claims and have the title registered. Any number of the separate parcels of land claimed by the petitioner may be included in the same proceeding, and any one parcel may be established in several parts, each of which shall be clearly and accurately described and registered separately, and the decree therein shall operate directly upon the land and establish and vest an indefeasible title thereto. Any person in like possession of lands within the State, claiming an interest or estate less than the fee therein, may have his title thereto established under the provisions of this Chapter, without the registration and transfer features herein provided. (1913, c. 90, s. 4; C.S., s. 2382; 1963, c. 946, s. 1.)

Notes of Decisions

Cited in 2 cases, 1971–1976 · leading case: State v. Johnson, 179 S.E.2d 371 (N.C. 1971).

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State v. Johnson, 179 S.E.2d 371 (N.C. 1971). · cites it 3× “" G.S. § 43-6. Such proceeding for the registration of title is commenced "by a petition to the court by the persons claiming, singly or collectively, to own or have the power of appointing or disposing of an estate in fee simple in any land, whether subject to liens or not.”

Taylor v. Johnston, 224 S.E.2d 567 (N.C. 1976). “G.S. 43-6. When the Commission filed its answer, the allegations of the petition were controverted as to the lands lying north of Mouse Harbor Canal and the provisions of G.”

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