43-17.4. Hearing by clerk of superior court; orders and decrees; cancellation of old certificate and issuance of new certificate.
The clerk of the superior court shall hear and determine all matters presented upon the petition and such pleadings as may be filed in this proceeding, and shall make such orders and decrees therein as may be found to be proper from the facts as ascertained and determined by the court. The court is authorized and empowered to order and direct that the outstanding registered certificate of title to the land shall be surrendered and cancelled in the office of the register of deeds, and that a new certificate of title shall be issued, showing therein the owner or owners of the land described in the original certificate and the nature and character of such ownership: Provided, the clerk of the superior court shall not authorize the issuance of the new certificate of title until the fees provided in G.S. 43-49 have been paid. Upon the surrender and cancellation by the register of deeds of the outstanding certificate of title, the new certificate of title shall be registered and cross-indexed in the same manner provided for the registration of the original certificate, and the register of deeds shall issue a new certificate of title in the same manner and form as provided for the original certificate. The said new certificate shall have the same force and effect as the original certificate of title and shall be subject to the same provisions of law with reference thereto. (1943, c. 466, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 43 - Land Registration
Article 4 - Registration and Effect.
§ 43-13 - Manner of registration.
§ 43-14 - Cross-indexing of lands by registers of deeds.
§ 43-16 - Certificates numbered; entries thereon.
§ 43-17 - New certificate issued, if original lost.
§ 43-17.2 - Publication of notice; service of process.
§ 43-17.3 - Answer by person claiming interest.
§ 43-17.5 - Issuance of new certificate validated.
§ 43-18 - Registered owner's estate free from adverse claims; exceptions.
§ 43-19 - Adverse claims existing at initial registry; affidavit; limitation of action.
§ 43-20 - Decree and registration run with the land.
§ 43-21 - No right by adverse possession.
§ 43-22 - Jurisdiction of courts; registered land affected only by registration.