NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 207

HOUSE BILL 592

 

 

AN ACT TO PROVIDE FOR THE RECORDING OF CERTAIN CERTIFICATES UNDER G.S. 1-38.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Section l-38(b) of the North Carolina General Statutes is amended to read as follows:

"(b)      If

(1)        the marking of boundaries on the property by distinctive markings on trees or by the implacement of visible metal or concrete boundary markers in the boundary lines surrounding the property, such markings to be visible to a height of 18 inches above the ground, and

(2)        the recording of a map prepared from an actual survey by a surveyor registered under the laws of North Carolina, in the book of maps in the office of the register of deeds in the county where the real property is located, with a certificate attached to said map by which the surveyor certifies that the boundaries as shown by the map are those described in the deed or other title instrument or proceeding from which the survey was made, the surveyor's certificate reciting the book and page or file number of the deed, other title instrument or proceeding from which the survey was made, then the listing and paying of taxes on the real property marked and for which a survey and map have been certified and recorded as provided in subdivisions (1) and (2) above shall constitute prima facie evidence of possession of real property under known and visible lines and boundaries. Maps recorded prior to October 1, 1973 may be qualified under this statute by the recording of certificates prepared in accordance with subdivision (b)(2) above. Such certificates must contain the book and page number where the map is filed, in addition to the information required by subdivision (b)(2) above, and shall be recorded and indexed in the deed books. When a certificate is filed to qualify such a recorded map, the register of deeds shall make a marginal notation on the map in the following form:

'Certificate filed pursuant to G.S. 1 -38(b), book (enter book where filed), page ______'."

Sec. 2.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 5th day of May, 1975.