§ 47B-4. Preservation by notice; contents; recording; indexing. - North Carolina Statutes

§47B‑4.  Preservation by notice; contents; recording; indexing.

(a)        Any person claiminga right, estate, interest or charge which would be extinguished by this Chaptermay preserve the same by registering within such 30‑year period a noticein writing, duly acknowledged, in the office of the register of deeds for thecounty in which the real property is situated, setting forth the nature ofsuch  claim, which notice shall have the effect of preserving such claim for aperiod of not longer than 30 years after registering the same unless againregistered as required herein. No disability or lack of knowledge of any kindon the part of any person shall delay the commencement of or suspend therunning of said 30‑year period. Such notice may be registered by theclaimant or by any other person acting on behalf of any claimant who is

(1)        Under a disability;

(2)        Unable to assert aclaim on his behalf; or

(3)        One of a class, butwhose identity cannot be established or is uncertain at the time of filing suchnotice of claim for record.

(b)        To be effective andto be entitled to registration, such notice shall contain an accurate and fulldescription of all real property affected by such notice, which descriptionshall be set forth in particular terms and not be by general reference; but ifsuch claim is founded upon a recorded instrument, then the description in suchnotice may be the same as that contained in the recorded instrument. Suchnotice shall also contain the name of any record owner of the real property at thetime the notice is registered and a statement of the claim showing the nature,description and extent of such claim. The register of deeds of each countyshall accept all such notices presented to him which are duly acknowledged andcertified for recordation and shall enter and record full copies thereof in thesame way that deeds and other instruments are recorded, and each register ofdeeds shall be entitled to charge the same fees for the recording thereof asare charged for the recording of deeds. In indexing such notices in his officeeach register of deeds shall enter such notices under the grantee indexes ofdeeds under the names of persons on whose behalf such notices are executed andregistered and under the grantor indexes of deeds under the names of the recordowners of the possessory estates in the real property to be affected againstwhom the claim is to be preserved at the time of the registration. (1973,c. 255, s. 1.)