§ 146-49. Errors in surveys of plots corrected. - North Carolina Statutes

§146‑49.  Errors in surveys of plots corrected.

Whenever there may be an errorby the surveyor in plotting or making out the certificate for the Secretary'soffice, or whenever the Secretary shall make a mistake in making out thecourses agreeable to such returns, or misname the claimant, or make othermistake, so that such claimant shall be injured thereby, the claimant mayprefer a petition to the superior court of the county in which the land lies,setting forth the injury which he might sustain in consequence of such error ormistake, with all the matters and things relative thereto. The court may heartestimony respecting the truth of the allegations set forth in the petition;and if it shall appear by the testimony, from the return of the surveyor or theerror of the Secretary, that the patentee is liable to be injured thereby, thecourt shall direct the clerk to certify the facts to the Secretary of State,who shall file the same in his office, and correct the error in the patent, andlikewise in the records of his office. The costs of such suit shall be paid bythe petitioner, except when any person may have made himself a party to preventthe prayer of the petitioner being granted, in which  case the costs shall bepaid as the court may decree. The benefits granted by this section to thepatentees of land shall be extended in all cases to persons claiming by, from,or under their grants, by descent, devise, or purchase. When any error isordered to be rectified, and the same has been carried through from the grantinto mesne conveyances, the court shall direct a copy of the order to berecorded in the register's book of the county: Provided no such petition shallbe brought but within three years after the date of the patent; and if broughtafter that time, the court shall dismiss the same, and all proceedings hadthereon shall be null and of no effect: Provided further, nothing herein shallaffect the rights or interest of any person claiming under a patent issuedbetween the period of the date of the grant alleged to be erroneous and thetime of filing the petition, unless such person shall have had due notice ofthe filing of the petition, by service of a copy thereof, and an opportunity ofdefending his rights before the court according to the course of the commonlaw. (1790, c. 326, P.R.; 1798, c. 504, P.R.; 1804, c. 655,P.R.; 1814, c. 876, P.R.; R.C., c. 42, s. 28; Code, s. 2785; Rev., s. 1738;C.S., s. 7587; G.S., s. 146‑57; 1959, c. 683, s. 1.)