SUBCHAPTER 2H ‑ TORRENS ACT RULES AND FORMS
SECTION .0100 ‑ RULES
12 NCAC 02H .0101 NOTICE TO BE FILED WITH CLERK OF COURT
Upon the filing of a petition for registration, the persons
named upon whom process is served, and all who may come in and become parties,
and those who may subsequently be made parties, shall, if nonresidents of the
county within which the land described in the petition is situated, file with
the clerk of court their post office address, the name and post office address
of an agent or attorney residing in said county to whom notices may be given,
by mail or otherwise. If such persons do not designate some such person as
agent or attorney, notices sent by mail to them shall be deemed to have been
given and received in time to give them opportunity to appear for the purposes
for which such notices were given.
A copy of this Rule shall be delivered to all such persons
at the time summons is served upon them or at the time they come in and become
parties.
History Note: Authority G.S. 43‑3;
Eff. February 1, 1976;
Readopted Eff. January 5, 1978.
12 NCAC 02H .0102 DEPOSIT AND
SURETY REQUIREMENTS
A petitioner for registration, upon filing his petition,
shall deposit with the clerk of the superior court the sum of twenty‑five
dollars ($25.00). If any surplus remains after the requirements of Chapter 90,
Public Laws of 1913, are met, it shall be returned to the petitioner. If such
deposit be not sufficient to meet such requirements pending the proceeding, a
further deposit, or further deposits, shall be made upon notice by the clerk.
If any person shall file an answer, interplea, or other pleading, raising any
issue of law or fact, the clerk of the superior court, upon motion, may order
an undertaking with good and sufficient surety, in an amount to be fixed by the
clerk, to be void upon condition that the obligor pay to the adverse party all
such costs as such adverse party may have incurred on the hearing and
determination of such issue or issues; provided, that the undertaking
prescribed shall not be required in the case of any such petitioner or person
filing answer, interplea, or other pleading, as the case may be, who shall
satisfy the clerk that he is unable to comply with this requirement.
History Note: Authority G.S. 43‑3;
Eff. February 1, 1976;
Readopted Eff. January 5, 1978.
12 NCAC 02H .0103 DUTIES OF EXAMINER OF TITLES
Any examiner of titles appointed under said statute may
examine titles assigned to him in any county. He shall not appear in or have
any connection with any proceeding instituted under the provisions of this act,
and he shall be subject to removal at will by the clerk or judge of the
superior court.
No attorney for any petitioner shall appear or act for or in
behalf of any respondent or adverse claimant.
History Note: Authority G.S. 43‑3;
Eff. February 1, 1976;
Readopted Eff. January 5, 1978.
12 NCAC 02H .0104 CHANGE OF ATTORNEYS
If a party shall change his attorney, pending any
proceeding, the name of the new attorney shall be substituted on the docket for
that of the former attorney, and notice thereof given to any adverse party; and
until such notice of the change of an attorney all notices given to or by the
attorney first appointed shall be considered in all respects as notice to or
from his client, except in cases in which by law the notice is required to be
given to the party personally: provided, however, that nothing in these rules
shall be construed to prevent any party interested from appearing for himself
in the manner provided by law; and in such cases the party so appearing shall
be subject to the same rules that are or may be provided for attorneys in like
cases, so far as the same are applicable.
History Note: Authority G.S. 43‑3;
Eff. February 1, 1976;
Readopted Eff. January 5, 1978.
12 NCAC 02H .0105 APPOINTMENT OF GUARDIAN AD LITEM
In addition to making appointments of guardians ad litem in
cases required by statute, whenever it shall appear that a minor is interested
in any land in regard to which proceedings are pending, a guardian ad litem for
such minor may be appointed by the court at its discretion, with or without
notice.
History Note: Authority G.S. 43‑3;
Eff. February 1, 1976;
Readopted Eff. January 5, 1978.
12 NCAC 02H .0106 CUSTODY OF DEPOSITIONS
All depositions shall be opened and filed by the clerk when
received. The deposition shall afterwards be in his custody or that of the
examiner of titles, subject to the order of the court, as other documents in the
case; and if not read on the trial by the party taking it, it may be used by
any other party, if he sees fit, he paying the costs of taking the same.
History Note: Authority G.S. 43‑3;
Eff. February 1, 1976;
Readopted Eff. January 5, 1978.
12 NCAC 02H .0107 NOTICE REQUIREMENTS
Whenever, in any case, a notice given in accordance with
Chapter 90 of the Public Laws of 1913 or the general forms of procedure, or
otherwise, is held by the court to be insufficient, it may order such further
notice as the case requires.
History Note: Authority G.S. 43‑3;
Eff. February 1, 1976;
Readopted Eff. January 5, 1978.
12 NCAC 02H .0108 AMENDMENT OF PLEADINGS AND SURVEY OF
PROPERTY
The court may in its discretion allow the parties to amend
their pleadings, and order or permit pleadings to be filed, notices to be
given, or any proceedings to be had, at other times than are provided in these
rules; and may in all cases impose just and reasonable terms upon the parties.
The clerk may order a preliminary survey for the purpose of obtaining metes and
bounds descriptions upon request of any party on the grounds that he is unable
to state the metes and bounds, upon such terms as are just and reasonable.
When such order is issued by the clerk, if it appears that title to any portion
of the land sought to be registered is in dispute, the survey and plat shall
designate such areas and no permanent markers shall be placed thereon until the
filing of the examiners report and the entry of decree of title.
History Note: Authority G.S. 43‑3;
Eff. February 1, 1976;
Readopted Eff. January 5, 1978.
12 NCAC 02H .0109 HEARING BEFORE EXAMINER OF TITLES
When a petition shall be referred to an examiner he shall
assign a time and place for hearing, which shall be not less than 10 days
thereafter, and give notice thereof by mail not less than five days before such
time, to the petitioners, and all persons mentioned in the petition as having
or claiming any interest, or their attorneys or agents. In the meantime the
examiner shall have examined the record title, and prepared a tentative
abstract, which shall be exhibited to the petitioners and persons interested
attending such hearing.
History Note: Authority G.S. 43‑3;
Eff. February 1, 1976;
Readopted Eff. January 5, 1978.
12 NCAC 02H .0110 PRELIMINARY REPORT OF EXAMINER
When the examiner has prepared a draft copy of his report he
shall notify the parties or their attorneys of the time and place, not less
than three days before such time, when and where they may attend to hear the
same, and suggest such alterations, if any, as they may think proper; upon
consideration whereof, the examiner will finally settle the draft of his
report.
History Note: Authority G.S. 43‑3;
Eff. February 1, 1976;
Readopted Eff. January 5, 1978.
12 NCAC 02H .0111 FILING OF EXCEPTIONS TO REPORT
Upon the filing of the examiner's report, the clerk shall
forthwith give notice thereof by mail to all the parties interested, or their
agents or attorneys, notifying them to appear on or before a day named, not
less than seven days from the date of mailing such notices, and file written
objections, if any they have, to said report. No exception to the report shall
be allowed, without a special order of the court, founded upon a showing of
mistake, surprise, or excusable neglect, unless such exception is filed within
the time stated in the notice.
History Note: Authority G.S. 43‑3;
Eff. February 1, 1976;
Readopted Eff. January 5, 1978.
12 NCAC 02H .0112 NOTICE OF AND ARGUMENT PURSUANT TO
EXCEPTIONS
When exceptions shall be taken to the report notice thereof
shall forthwith be given by mail to the adverse parties, their agents or
attorneys, and the exceptions shall then be set down for argument. In every
case the exceptions shall briefly and clearly specify the matter excepted to,
and the cause thereof; and the exceptions shall not be valid as to any matter
not so specified.
History Note: Authority G.S. 43‑3;
Eff. February 1, 1976;
Readopted Eff. January 5, 1978.
12 NCAC 02H .0113 DATE OF TRANSCRIPTION OF DECREE
The date of the transcription of the decree into the
registration book shall be taken to be the time at which the register of deeds
receives the certified copy of the decree for transcription; and he shall
minute upon such copy and also in the registration book the day, hour and
minute of its reception.
Every new certificate shall bear date as of the time of
reception noted on the instrument of transfer.
History Note: Authority G.S. 43‑3;
Eff. February 1, 1976;
Readopted Eff. January 5, 1978.
12 NCAC 02H .0114 METHOD OF CONVEYANCE
When a deed of conveyance of registered land is presented to
the clerk of the court in the county where the land lies, such clerk shall not
receive the same or direct its registration and the issue of the certificate of
title for such land to the grantee, unless the grantor being unmarried or
having no husband or wife to join, it contains a statement to that effect.
The deed shall be received and a new certificate shall be
entered and issued when a deed of transfer is executed as aforesaid and
acknowledged in the manner now required in this state for recording in the
office of the register of deeds by the registered owner, conveying in fee
simple the entire parcel of land registered under one certificate of title, and
there is presented to such register of deeds the registered owner's duplicate
certificate: provided, the land conveyed by such deed is described in the same
terms as in the grantor's original certificate; and provided, the grantor or
grantors in such deed are the same as the registered owner or owners in such
certificate.
If the land conveyed by such deed is not described in the
same terms as in the certificate of title to such land, or the grantor or
grantors in such deed are not the same as the registered owner or owners, the
clerk of the court shall not receive the deed or direct the issue of a new
certificate.
History Note: Authority G.S. 43‑3;
Eff. February 1, 1976;
Readopted Eff. January 5, 1978.
12 NCAC 02H .0115 PARTIAL CONVEYANCE OF REGISTERED LAND
When the owner of registered land transfers a part of it,
his transfer shall be accompanied by a plan, showing the land transferred,
which shall be signed by such owner and by his grantee as correct.
The register of deeds shall enter and issue a certificate
for such part to the grantee, when the description of the land in the deed of
transfer agrees with such plan; and shall enter and issue to the grantor a
certificate of the remainder described as in the surrendered certificate,
omitting the land transferred, the plan and certificate of which shall be
referred to.
History Note: Authority G.S. 43‑3;
Eff. February 1, 1976;
Readopted Eff. January 5, 1978.
12 NCAC 02H .0116 NOTATION OF TERMINATION OF LEASES
When a lease has been noted upon the registration book and
upon the owner's duplicate certificate as an incumbrance, and the lease has
been determined by lapse of time, merger, surrender, reentry or otherwise, the
register of deeds may note its determination in the registration book, and upon
the owner's duplicate certificate, upon the surrender of the lessee's duplicate
certificate, if such certificate has been issued; but if no such certificate has
been issued, the register of deeds shall note the determination of the lease
only upon the written consent of the lessee, or order of the court as
hereinafter provided.
In case the lessee neglects or refuses to give his consent
in writing to the entry of a memorandum of the determination of the lease, the
owner of the registered land or any person interested in it may apply to the
clerk of the superior court for an order directing the entry of such
memorandum, and upon notice of such application to the lessee and other persons
interested, and the production of such evidence as shall satisfy the court that
the lease has terminated, the court shall make such order.
History Note: Authority G.S. 43‑3;
Eff. February 1, 1976;
Readopted Eff. January 5, 1978.
12 NCAC 02H .0117 OATH PURSUANT TO LETTERS OF ATTORNEY
When an instrument executed by an attorney under letters of
attorney duly acknowledged is filed or presented for registration, the attorney
shall make and subscribe an oath before a justice of the peace, or other
officer empowered to administer oaths, that the principal was alive at the date
of the execution of the instrument, and that the power was then in force and
not revoked.
History Note: Authority G.S. 43‑3;
Eff. February 1, 1976;
Readopted Eff. January 5, 1978.
12 NCAC 02H .0118 CORRECTION OF NAME ON CERTIFICATE
A registered owner or mortgagee whose name has been changed
since the entry of a certificate, either by marriage, divorce or adoption, or
whose name was by mistake wrongly expressed in the certificate, may, upon
satisfying the court of the fact, surrender the certificate and take out a new
one in his new or correct name; or a memorandum of such change or correction
may by order of the court be entered on the certificate.
History Note: Authority G.S. 43‑3;
Eff. February 1, 1976;
Readopted Eff. January 5, 1978.
SECTION .0200 ‑ FORMS
12 NCAC 02H .0201 AVAILABILITY OF FORMS
(a) Copies of the forms to be used in Torrens proceedings
are available upon request by writing to:
Office of the Attorney General
Public Lands and Contracts Section
Post Office Box 629
Raleigh, North Carolina 27602
(b) A charge of twenty‑five cents ($0.25) per page
shall be made to defray the cost of copying the requested forms.
History Note: Authority G.S. 43‑3;
Eff. February 1, 1976;
Readopted Eff. January 5, 1978.
12 NCAC 02H .0202 DESCRIPTION OF FORMS
History Note: Authority G.S. 43‑3;
Eff. February 1, 1976;
Readopted Eff. January 5, 1978;
Repealed Eff. July 16, 1988 in accordance with G.S. 150B‑59(c).
