1-408.1. Clerk may order surveys in civil actions and special proceedings involving sale of land.
In civil actions and special proceedings commenced in the superior court before the clerk where real property is to be sold to make assets to pay debts, or to be sold for division, or to be partitioned, the clerk may, if all parties to the action or proceedings will benefit by a survey, order a survey of the land involved, appoint a surveyor for this purpose, and fix a reasonable fee for the services of the surveyor. The fee and other costs of the survey shall be taxed as a part of the costs in the action or proceedings. Any aggrieved party has the right to appeal as provided in Article 27A of Chapter 1 of the General Statutes. (1955, c. 373; 1999-216, s. 5.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 33 - Special Proceedings.
§ 1-393 - Chapter and Rules of Civil Procedure applicable to special proceedings.
§ 1-394 - Contested special proceedings; commencement; summons.
§ 1-396 - When complaint filed.
§ 1-398 - Filing time enlarged.
§ 1-400 - Ex parte; commenced by petition.
§ 1-401 - Clerk acts summarily; signing by petitioners; authorization to attorney.
§ 1-402 - Judge approves when petitioner is infant.
§ 1-403 - Orders signed by judge.
§ 1-404 - Reports of commissioners and jurors.
§ 1-405 - No report set aside for trivial defect.
§ 1-406 - Commissioner of sale to account in sixty days.
§ 1-407 - Commissioner holding proceeds of land sold for reinvestment to give bond.
§ 1-407.1 - Bond required to protect interest of infant or incompetent.
§ 1-407.2 - When court may waive bond; premium paid from fund protected.
§ 1-408 - Action in which clerk may allow fees of commissioners; fees taxed as costs.
§ 1-408.1 - Clerk may order surveys in civil actions and special proceedings involving sale of land.