NC General Statutes

N.C. Gen. Stat. § 47-36.1 (2026)

Notice of errors in recorded instruments of title

✓ current as of July 2026

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(a) Notwithstanding G.S. 47-14 and G.S. 47-17, notice of a nonmaterial typographical or other minor error in a deed or other instrument recorded with the register of deeds may be given by recording a corrective notice affidavit. For purposes of this section, an error that would affect the respective rights of any party to the instrument is not a nonmaterial typographical or minor error. If a corrective notice affidavit is conspicuously identified as a corrective notice or scrivener's affidavit in its title, the register of deeds shall index the name of the affiant, the names of the original parties in the instrument, the recording information of the instrument for which the corrective notice is being given, and the original parties as they are named in the affidavit. A copy of the previously recorded instrument to which the corrective notice affidavit applies may be attached to the corrective notice affidavit and need not be a certified copy. To the extent the correction is inconsistent with the originally recorded instrument, and only to that extent, notice of the corrective information as provided by the affiant in the corrective notice affidavit is deemed to have been given as of the time the corrective notice affidavit is registered. Nothing in this section invalidates or otherwise alters the legal effect of any instrument of correction authorized by statute in effect on the date the instrument was registered.

(b) Nothing in this section requires that an affidavit be attached to an original or certified copy of a previously recorded instrument that is unchanged but rerecorded. Nothing in this section requires that an affidavit be attached to a previously recorded instrument with a copy of a previously recorded instrument that includes identified corrections or an original execution by a party or parties of the corrected instrument after the original recording, with proof or acknowledgment of their execution of the correction of the instrument.

(c) If the corrective affidavit is solely made by a notary public in order to correct a notarial certificate made by that notary public that was attached to an instrument already recorded with the register of deeds, the notary public shall complete the corrective affidavit identifying the correction and may attach a new acknowledgment completed as of the date the original acknowledgment took place, which shall be deemed attached to the original recording, and the instrument's priority shall remain the date and time originally recorded. The provisions of this subsection shall apply to corrective affidavits filed prior to, on, or after April 1, 2013. (1985 (Reg. Sess., 1986), c. 842, s. 1; 1987, c. 360, s. 1; 2008-194, s. 7(c); 2013-204, s. 1.16; 2017-110, s. 1; 2021-91, s. 12.)

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1990–2025 · leading case: Jordan v. Crew, 482 S.E.2d 735 (N.C. Ct. App. 1997).

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Jordan v. Crew, 482 S.E.2d 735 (N.C. Ct. App. 1997). · cites it 3× “Plaintiffs also argue N.C. Gen. Stat. § 47-36.1 , which allows for the correction of obvious typographical or other minor errors in deeds, creates a continuing duty on the part of the drafting attorney to make corrections.”

Citifinancial Mortg. Co. v. Gray, 652 S.E.2d 321 (N.C. Ct. App. 2007). · cites it 4× “See N.C. Gen. Stat. § 47-36.1 (“[A]n obvious typographical or other minor error in a deed or other instrument recorded with the register of deeds may be corrected by rerecording the original instrument with the correction clearly set out on the face of the instrument and with a…”

Green v. Crane, 386 S.E.2d 757 (N.C. Ct. App. 1990). “Defendants rely on G.S. 47-36.1 which provides that *658 an obvious typographical or other minor error in a deed or other instrument recorded with the register of deeds may be corrected by rerecording the original instrument with the correction clearly set out on the face of the…”

Deutsche Bank Nat'l Tr. Co. v. Gaydos (N.C. Ct. App. 2025). · cites it 16× “N.C. Gen. Stat. § 47-36.1 (2007). In Green, this Court reviewed a joinder agreement rerecorded under North Carolina General Statute Section 47-36.”

Hinson v. Chase Home Fin., LLC (In re Hufman), 457 B.R. 448 (Bankr. E.D.N.C. 2011). · cites it 3× “” The corrected vesting deed was filed pursuant to N.C.G.S. § 47-36.1, under which notice of typographical errors in deeds or other similarly recorded instruments may be given through the filing of an affidavit.”

Binkley v. Binkley, 798 S.E.2d 814 (N.C. Ct. App. 2017). · cites it 8× “Correction of recorded instruments is governed by N.C. Gen. Stat. § 47-36.1 (2015). "[N]otice of typographical or other minor error in a deed or other instrument recorded with the register of deeds may be given by recording an affidavit.”

In Re Hufham, 457 B.R. 448 (Bankr. E.D.N.C. 2011). · cites it 3× “" The corrected vesting deed was filed pursuant to N.C.G.S. § 47-36.1, under which notice of typographical errors in deeds or other similarly recorded instruments may be given through the filing of an affidavit.”

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