§ 38-4. Surveys in disputed boundaries. - North Carolina Statutes

§38‑4.  Surveys in disputed boundaries.

(a)        When in any actionor special proceeding pending in the superior court the boundaries of lands aredrawn in question, the court may, if deemed necessary, order a survey of thelands in dispute, in accordance with the boundaries and lines expressed in eachparty's titles, and such other surveys as shall be deemed useful.

(b)        Surveys pursuant tothis section shall be made by one surveyor appointed by the court, unless thecourt, in its discretion, determines that additional surveyors are necessary.The surveyor or surveyors shall proceed according to the order of the court,and make  the surveys and as many plats thereof as shall be ordered.

(c)        Upon the request ofany party to the action or special proceeding, the court shall call suchsurveyor or surveyors as the court's witness, and any party to such action orproceeding shall have the privilege of direct examination, cross‑examination,and impeachment of such witness. The fact that such witness is called by the courtshall not change the weight, effect or admissibility of the  testimony of suchwitness, and upon the request of any party to the suit, the court shall soinstruct the jury.

(d)        The court shallmake an allowance for the fees of the surveyor  or surveyors and they shall betaxed as a part of the costs. The court may, in its discretion, require theparties to make a deposit to secure the payment of such fees, and may, in itsdiscretion, provide for the payment of such fees prior to the termination of thesuit. (1779, c. 157; 1786, c. 252; R.C., c. 31, s. 119;Code, s. 939; Rev., s. 1504; C.S., s. 364; 1967, c. 33.)