NC General Statutes

N.C. Gen. Stat. § 47-17 (2026)

Probate and registration sufficient without livery of seizin, etc

✓ current as of July 2026

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All deeds, contracts or leases, before registration, except those executed prior to January 1, 1870, shall be acknowledged by the grantor, lessor or the person executing the same, or their signature proven on oath by one or more witnesses in the manner prescribed by law, and all deeds executed and registered according to law shall be valid, and pass title and estates without livery of seizin, attornment or other ceremony. (29, Ch. II, c. 3; 1715, c. 7; 1756, c. 58, s. 3; 1838-9, c. 33; R.C., c. 37, s. 1; Code, s. 1245; 1885, c. 147, s. 3; 1905, c. 277; Rev., s. 979; C.S., s. 3308.)

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1944–2021 · leading case: Thompson v. . Davis, 28 S.E.2d 556 (N.C. 1944).

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Thompson v. . Davis, 28 S.E.2d 556 (N.C. 1944). “, 3308; G. S., 47-17. The statutes have varied somewhat in the course of codification and re-enactment, but the policy of interpretation has remained substantially the same.”

Hi-Fort, Inc. v. Burnette, 257 S.E.2d 85 (N.C. Ct. App. 1979). “G.S. 47-17. Furthermore, in Allen v. Burch, 142 N.”

Mullaney v. Bank of Am., Nat'l Ass'n, as successor by merger to Merrill Lynch Bank USA (E.D.N.C. 2019). · cites it 3× “By the act of affixing the notarial certificate, the deed of trust satisfies the acknowledgment requirement of N.C. Gen. Stat. § 47-17 . Therefore, on this basis alone, there is no genuine issue of fact that the deed of trust is valid, and it is not rendered voidable by the…”

Mullaney v. Bank of Am., N.A. (Bankr. E.D.N.C. 2019). · cites it 2× “N.C. Gen. Stat. § 47-17 . Execution of such an instrument must be “proved or acknowledged before an officer with the apparent authority to take proofs or acknowledgments, and the proof or acknowledgment includes the officer’s signature, commission expiration date, and official…”

Bruton v. First Citizens Bank & Trust Co. (Bankr. M.D.N.C. 2021). · cites it 2× “” N.C. Gen. Stat. § 47-17 . North Carolina is one of the few states that maintains a “pure race” recording system, “which is characterized simply as ‘first to record, first in right.”

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