N.C. Gen. Stat. » Chapter 47B

N.C. Gen. Stat. § 47B-2

Marketable record title to estate in real property; 30-year unbroken chain of title of record; effect of marketable title

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(a) Any person having the legal capacity to own real property in this State, who, alone or together with his predecessors in title, shall have been vested with any estate in real property of record for 30 years or more, shall have a marketable record title to such estate in real property.

(b) A person has an estate in real property of record for 30 years  or more when the public records disclose a title transaction affecting the title to the real property which has been of record for not less than 30 years purporting to create such estate either in:

(1) The person claiming such estate; or

(2) Some other person from whom, by one or more title transactions, such estate has passed to the person claiming such estate;

with nothing appearing of record, in either case, purporting to divest such claimant of the estate claimed.

(c) Subject to the matters stated in G.S. 47B-3, such marketable record title shall be free and clear of all rights, estates, interests, claims or charges whatsoever, the existence of which depends upon any act, title transaction, event or omission that occurred prior to such 30-year period. All such rights, estates, interests, claims or charges, however denominated, whether such rights, estates, interests, claims or charges are or appear to be held or asserted by a person sui juris or under a disability, whether such person is natural or corporate, or is private or governmental, are hereby declared to be null and void.

(d) In every action for the recovery of real property, to quiet title, or to recover damages for trespass, the establishment of a marketable record title in any person pursuant to this statute shall be prima facie evidence that such person owns title to the real property described in his record chain of title. (1973, c. 255, s. 1; c. 881; 1981, c. 682, s. 11.)

 

Notes of Decisions
Cited in 25 cases (8 in the last 5 years), 1982–2025 · leading case: Heath v. Turner
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Heath v. Turner (1983) nc · cites it 10× “Section 47B-2 of the act provides as follows: (a) Any person having the legal capacity to own real property in this State, who, alone or together with his predecessors in title, shall have been vested with any estate in real property of record for 30 years or more, shall have a…”
North Carolina Ex Rel. North Carolina Department of Administration v. Alcoa Power Generating, Inc. (2017) ca4 · cites it 4× “” N.C. Gen. Stat. § 47B-2(a). The district court found and North Carolina concedes that Alcoa demonstrated satisfaction of its burden of proof under the statutory requirements of the MTA.”
Beam v. Kerlee (1995) ncctapp · cites it 4× “Both parties claimed to own the land through a chain of title which could be traced back for the thirty years required to establish marketable record title under N.C. Gen. Stat. § 47B-2 (1984). Plaintiffs contend defendant’s claim for marketable record title was unsubstantiated…”
Town of Belhaven v. Pantego Creek, LLC (2016) ncctapp · cites it 2× “N.C. Gen. Stat. § 47B-2(a) - (c) (2015) (emphasis added).”
Hill v. Taylor (2005) ncctapp · cites it 6× “” N.C. Gen. Stat. § 47B-2(b) (2003). This showing of marketable title is “prima facie evidence that such person owns title to the real property described in his record chain of title.”
Town of Winton v. Scott (1986) ncctapp · cites it 6× “G.S. 47B-2 in pertinent part provides: (a) Any person having the legal capacity to own real property in this State, who, alone or together with his predecessors in title, shall have been vested with any estate in real property of record for 30 years or more, shall have a…”
Younce v. United States (1987) ncwd · cites it 2× “…to all of the property involved in this case and if plaintiffs had a title which the United States needed to divest. N.C.Gen.Stat. § 47B-2(c). Heath v. Turner, 58 N.C.App. 708 , <span class="citation" data-id=”
C Invs. 2, LLC v. Auger (2022) nc · cites it 30× “This Chapter shall be liberally construed to effect the legislative purpose of simplifying and facilitating real property title transactions by allowing persons to rely on a record chain of title of 30 years as described in G.S. 47B-2, subject only to such limitations as appear…”
C Invs. 2, LLC v. Auger (2022) nc · cites it 30× “This Chapter shall be liberally construed to effect the legislative purpose of simplifying and facilitating real property title transactions by allowing persons to rely on a record chain of title of 30 years as described in G.S. 47B-2, subject only to such limitations as appear…”
Brothers v. Howard (1982) ncctapp · cites it 2× “N.C. Gen. Stat. § 47B-2(d) (Supp. 1981). Plaintiffs have established a marketable record title to the land in dispute by the introduction of the deed from C.”
Snover v. Grabenstein (1992) ncctapp “From this testimony the trial court made findings of fact and subsequently concluded that: Plaintiff is the record owner of the property in question such that defendant and/or her agents have trespassed onto the property; petitioners have established a record marketable chain of…”
Kirkman v. Wilson (1990) ncctapp “G.S. 47B-2 provides: Marketable record title to estate in real property; 30-year unbroken chain of title of record; effect of marketable title.”
Show all 25 citing cases →
— N.C. Gen. Stat. § 47B-2(a) — 10 cases
Town of Belhaven v. Pantego Creek, LLC (2016) ncctapp “N.C. Gen. Stat. § 47B-2(a) - (c) (2015) (emphasis added).”
North Carolina Ex Rel. North Carolina Department of Administration v. Alcoa Power Generating, Inc. (2017) ca4 “” N.C. Gen. Stat. § 47B-2(a). The district court found and North Carolina concedes that Alcoa demonstrated satisfaction of its burden of proof under the statutory requirements of the MTA.”
Heath v. Turner (1983) nc “Section 47B-2 of the act provides as follows: (a) Any person having the legal capacity to own real property in this State, who, alone or together with his predecessors in title, shall have been vested with any estate in real property of record for 30 years or more, shall have a…”
Snover v. Grabenstein (1992) ncctapp “From this testimony the trial court made findings of fact and subsequently concluded that: Plaintiff is the record owner of the property in question such that defendant and/or her agents have trespassed onto the property; petitioners have established a record marketable chain of…”
C Invs. 2, LLC v. Auger (2022) nc “This Chapter shall be liberally construed to effect the legislative purpose of simplifying and facilitating real property title transactions by allowing persons to rely on a record chain of title of 30 years as described in G.S. 47B-2, subject only to such limitations as appear…”
— N.C. Gen. Stat. § 47B-2(b) — 1 case
Hill v. Taylor (2005) ncctapp “” N.C. Gen. Stat. § 47B-2(b) (2003). This showing of marketable title is “prima facie evidence that such person owns title to the real property described in his record chain of title.”
— N.C. Gen. Stat. § 47B-2(c) — 12 cases
Heath v. Turner (1983) nc “Section 47B-2 of the act provides as follows: (a) Any person having the legal capacity to own real property in this State, who, alone or together with his predecessors in title, shall have been vested with any estate in real property of record for 30 years or more, shall have a…”
North Carolina Ex Rel. North Carolina Department of Administration v. Alcoa Power Generating, Inc. (2017) ca4 “” N.C. Gen. Stat. § 47B-2(a). The district court found and North Carolina concedes that Alcoa demonstrated satisfaction of its burden of proof under the statutory requirements of the MTA.”
Hill v. Taylor (2005) ncctapp “” N.C. Gen. Stat. § 47B-2(b) (2003). This showing of marketable title is “prima facie evidence that such person owns title to the real property described in his record chain of title.”
Younce v. United States (1987) ncwd “…to all of the property involved in this case and if plaintiffs had a title which the United States needed to divest. N.C.Gen.Stat. § 47B-2(c). Heath v. Turner, 58 N.C.App. 708 , <span class="citation" data-id=”
C Invs. 2, LLC v. Auger (2022) nc “This Chapter shall be liberally construed to effect the legislative purpose of simplifying and facilitating real property title transactions by allowing persons to rely on a record chain of title of 30 years as described in G.S. 47B-2, subject only to such limitations as appear…”
— N.C. Gen. Stat. § 47B-2(d) — 4 cases
Heath v. Turner (1983) nc “Section 47B-2 of the act provides as follows: (a) Any person having the legal capacity to own real property in this State, who, alone or together with his predecessors in title, shall have been vested with any estate in real property of record for 30 years or more, shall have a…”
Hill v. Taylor (2005) ncctapp “” N.C. Gen. Stat. § 47B-2(b) (2003). This showing of marketable title is “prima facie evidence that such person owns title to the real property described in his record chain of title.”
Brothers v. Howard (1982) ncctapp “N.C. Gen. Stat. § 47B-2(d) (Supp. 1981). Plaintiffs have established a marketable record title to the land in dispute by the introduction of the deed from C.”
Harris v. Walden (1984) ncctapp
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