It is hereby declared as a matter of public policy by the General Assembly of the State of North Carolina that:
(1) Land is a basic resource of the people of the State of North Carolina and should be made freely alienable and marketable so far as is practicable.
(2) Nonpossessory interests in real property, obsolete restrictions and technical defects in titles which have been placed on the real property records at remote times in the past often constitute unreasonable restraints on the alienation and marketability of real property.
(3) Such interests and defects are prolific producers of litigation to clear and quiet titles which cause delays in real property transactions and fetter the marketability of real property.
(4) Real property transfers should be possible with economy and expediency. The status and security of recorded real property titles should be determinable from an examination of recent records only.
It is the purpose of the General Assembly of the State of North Carolina to provide that if a person claims title to real property under a chain of record title for 30 years, and no other person has filed a notice of any claim of interest in the real property during the 30-year period, then all conflicting claims based upon any title transaction prior to the 30-year period shall be extinguished. (1973, c. 255, s. 1.)
Notes of Decisions
Heath v. Turner (1983)
nc · cites it 6×
“Thigpen in 1932, claim title under the Real Property Marketable Title Act, G.S. §§ 47B-1 through 47B-9, and by adverse possession.”
Kraft v. Town of Mt. Olive (2007)
ncctapp · cites it 4×
“N.C. Gen. Stat. § 47B-1. One of the exceptions to this rule is that rights will not be extinguished for those who are in “present, actual and open possession of the real property so long as such person is in such possession.”
Rice v. COHOLAN (2010)
ncctapp · cites it 3×
“The Deed Restrictions have not been extinguished by the North Carolina Marketable Title Act, N.C.G.S. § 47B-1, et seq., based upon the [c]ourt’s finding that the residential exception of the Act (N.”
Taylor v. Johnston (1976)
nc · cites it 2×
“G.S. 47B-1, in part, provides: § 47B-1. Declaration of policy and statement of purpose.”
Hill v. Taylor (2005)
ncctapp · cites it 2×
“N.C. Gen. Stat. § 47B-1(1) (2003). The Marketable Title Act accomplishes this goal by allowing the establishment of marketable title upon a showing of a thirty-year chain of title to real property, “with nothing appearing of record .”
Whatley v. Whatley (1997)
ncctapp · cites it 2×
“Professor Castleman makes reference to what is contained in N.C. Gen. Stat. § 47B-1 (1) (1984), which provides in part: “as a matter of public policy .”
Younce v. United States (1987)
ncwd · cites it 2×
“The United States then contends that its title is supportable under the North Carolina Marketable Title Act, N.C.Gen.Stat. § 47B-1 et seq. That statute makes marketable any title having a thirty-year unbroken chain in the State of North Carolina.”
Kirkman v. Wilson (1990)
ncctapp · cites it 3×
“It appears more consistent with the policy and purposes enunciated by the General Assembly, N.C.G.S. § 47B-1, that the Act was “intended by the General Assembly to eliminate ancient nonpossessory interests, obsolete restrictions and technical defects in title —not vested…”
C Invs. 2, LLC v. Auger (2022)
nc · cites it 15×
“AUGER 2022-NCSC-119 Opinion of the Court ¶1 In this case we are called upon to determine the proper interpretation of North Carolina’s Real Property Marketable Title Act, N.C.G.S. §§ 47B-1 to 47B-9 (2021) and its thirteenth enumerated exception.”
— N.C. Gen. Stat. § 47B-1(1) — 5 cases
Hill v. Taylor (2005)
ncctapp
“N.C. Gen. Stat. § 47B-1(1) (2003). The Marketable Title Act accomplishes this goal by allowing the establishment of marketable title upon a showing of a thirty-year chain of title to real property, “with nothing appearing of record .”
C Invs. 2, LLC v. Auger (2022)
nc
“AUGER 2022-NCSC-119 Opinion of the Court ¶1 In this case we are called upon to determine the proper interpretation of North Carolina’s Real Property Marketable Title Act, N.C.G.S. §§ 47B-1 to 47B-9 (2021) and its thirteenth enumerated exception.”
— N.C. Gen. Stat. § 47B-1(2) — 2 cases
Kraft v. Town of Mt. Olive (2007)
ncctapp
“N.C. Gen. Stat. § 47B-1. One of the exceptions to this rule is that rights will not be extinguished for those who are in “present, actual and open possession of the real property so long as such person is in such possession.”
— N.C. Gen. Stat. § 47B-1(3) — 2 cases
C Invs. 2, LLC v. Auger (2022)
nc
“AUGER 2022-NCSC-119 Opinion of the Court ¶1 In this case we are called upon to determine the proper interpretation of North Carolina’s Real Property Marketable Title Act, N.C.G.S. §§ 47B-1 to 47B-9 (2021) and its thirteenth enumerated exception.”
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