North Carolina General Statutes
Article 2 - Partition of Real Property.
§ 46A-22 - Unknown or unlocatable parties; summons, notice, and representation.

46A-22. Unknown or unlocatable parties; summons, notice, and representation.
(a) If, at the time of or subsequent to the filing of the petition, the petitioner shows by affidavit or otherwise that the petitioner cannot after due diligence ascertain the name or location of a person that the petitioner is required to, or chooses to, serve under G.S. 46A-21(b), the court shall authorize service by publication under G.S. 1A-1, Rule 4. The notice by publication shall include a description of the property that includes the street address, if any, or other common designation for the property, if any, and may include the legal description of the property.
(b) Before or after the notice by publication, the court shall appoint a guardian ad litem under G.S. 1A-1, Rule 17, to represent any unknown or unlocatable person that the petitioner is required to, or chooses to, serve under G.S. 46A-21(b). (1887, c. 284; Rev., s. 2490; C.S., s. 3218; 2009-512, s. 1; 2020-23, ss. 2(h), 3.)

Structure North Carolina General Statutes

North Carolina General Statutes

Chapter 46A - Partition

Article 2 - Partition of Real Property.

§ 46A-20 - Venue in partition.

§ 46A-21 - Petition by cotenant or personal representative of cotenant; necessary and proper parties; joinder of spouses.

§ 46A-22 - Unknown or unlocatable parties; summons, notice, and representation.

§ 46A-23 - Petition by judgment creditor of cotenant.

§ 46A-24 - Surface and oil, gas, or mineral interests in separate owners; partitions distinct.

§ 46A-25 - Partition of real property subject to a contingent future interest; requirements.

§ 46A-26 - Methods of partition.

§ 46A-27 - Carrying costs, including property taxes; improvements; right to contribution.

§ 46A-28 - Court's authority to make orders before final determination of proceeding; notice and hearing.

§ 46A-29 - Mediation.

§ 46A-50 - Commissioners appointed; compensation; oath; delay or neglect.

§ 46A-51 - Commissioners to inspect and partition real property; apportioning shares; charging owelty on shares of disproportionately greater value.

§ 46A-52 - Partition where cotenants unknown or title disputed.

§ 46A-53 - Apportionment of shares in common.

§ 46A-54 - Dedication of streets.

§ 46A-55 - Report of commissioners; contents; filing and service; extension; map.

§ 46A-56 - Confirmation of report; appeal; motion for relief.

§ 46A-57 - Report and confirmation enrolled and registered; effect.

§ 46A-58 - Clerk to docket owelty.

§ 46A-59 - Order for possession.

§ 46A-75 - Sale in lieu of actual partition.

§ 46A-76 - Sale procedure.

§ 46A-77 - Cotenant credit.

§ 46A-78 - Partition sale of real property subject to a life estate.

§ 46A-79 - Partition sale of remainder or reversionary interest of real property.

§ 46A-80 - Sale of standing timber; valuation of life estate.

§ 46A-81 - Sale of oil, gas, or mineral interests.

§ 46A-82 - Sale of real property required for public purposes on cotenant's petition.

§ 46A-83 - Petition for revocation of confirmation order.

§ 46A-84 - Petition for revocation based on inadequate price.

§ 46A-84.5 - Petition for revocation based on default bid.

§ 46A-85 - Order becoming final; appeal; purchase of property.

§ 46A-86 - Sale proceeds belonging to certain parties.