47-36.1. Notice of errors in recorded instruments of title.
(a) Notwithstanding G.S. 47-14 and G.S. 47-17, notice of a nonmaterial typographical or other minor error in a deed or other instrument recorded with the register of deeds may be given by recording a corrective notice affidavit. For purposes of this section, an error that would affect the respective rights of any party to the instrument is not a nonmaterial typographical or minor error. If a corrective notice affidavit is conspicuously identified as a corrective notice or scrivener's affidavit in its title, the register of deeds shall index the name of the affiant, the names of the original parties in the instrument, the recording information of the instrument for which the corrective notice is being given, and the original parties as they are named in the affidavit. A copy of the previously recorded instrument to which the corrective notice affidavit applies may be attached to the corrective notice affidavit and need not be a certified copy. To the extent the correction is inconsistent with the originally recorded instrument, and only to that extent, notice of the corrective information as provided by the affiant in the corrective notice affidavit is deemed to have been given as of the time the corrective notice affidavit is registered. Nothing in this section invalidates or otherwise alters the legal effect of any instrument of correction authorized by statute in effect on the date the instrument was registered.
(b) Nothing in this section requires that an affidavit be attached to an original or certified copy of a previously recorded instrument that is unchanged but rerecorded. Nothing in this section requires that an affidavit be attached to a previously recorded instrument with a copy of a previously recorded instrument that includes identified corrections or an original execution by a party or parties of the corrected instrument after the original recording, with proof or acknowledgment of their execution of the correction of the instrument.
(c) If the corrective affidavit is solely made by a notary public in order to correct a notarial certificate made by that notary public that was attached to an instrument already recorded with the register of deeds, the notary public shall complete the corrective affidavit identifying the correction and may attach a new acknowledgment completed as of the date the original acknowledgment took place, which shall be deemed attached to the original recording, and the instrument's priority shall remain the date and time originally recorded. The provisions of this subsection shall apply to corrective affidavits filed prior to, on, or after April 1, 2013. (1985 (Reg. Sess., 1986), c. 842, s. 1; 1987, c. 360, s. 1; 2008-194, s. 7(c); 2013-204, s. 1.16; 2017-110, s. 1; 2021-91, s. 12.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 47 - Probate and Registration
§ 47-17 - Probate and registration sufficient without livery of seizin, etc.
§ 47-18 - Conveyances, contracts to convey, options, and leases of land.
§ 47-18.1 - Registration of certificate of entity name change, merger, consolidation, or conversion.
§ 47-18.2 - Registration of Inheritance and Estate Tax Waiver.
§ 47-18.3 - Execution of corporate instruments; authority and proof.
§ 47-19 - Unregistered deeds prior to January, 1920, registered on affidavit.
§ 47-20.1 - Place of registration; real property.
§ 47-20.2 - Place of registration; personal property.
§ 47-20.3 - Place of registration; instruments covering both personal property and real property.
§ 47-20.4 - Place of registration; chattel real.
§ 47-20.5 - Real property; effectiveness of after-acquired property clause.
§ 47-20.6 - Affidavit for permanent attachment of titled manufactured home to real property.
§ 47-22 - Counties may provide for photographic or photostatic registration.
§ 47-24 - Conditional sales or leases of railroad property.
§ 47-25 - Marriage settlements.
§ 47-29 - Recording of bankruptcy records.
§ 47-29.1 - Recordation of environmental notices.
§ 47-30 - Plats and subdivisions; mapping requirements.
§ 47-30.1 - Plats and subdivisions; alternative requirements.
§ 47-31 - Certified copies may be registered; used as evidence.
§ 47-32 - Photographic copies of plats, etc.
§ 47-32.1 - Photostatic copies of plats, etc.; alternative provisions.
§ 47-32.2 - Violation of § 47-30 or § 47-32 a misdemeanor.
§ 47-33 - Certified copies of deeds made by alien property custodian may be registered.
§ 47-34 - Certified copies of deeds made by alien property custodian admissible in evidence.
§ 47-35 - Register to fill in deeds on blank forms with lines.
§ 47-36 - Errors in registration corrected on petition to clerk.
§ 47-36.1 - Notice of errors in recorded instruments of title.
§ 47-36.2 - Cure of obvious description errors in recorded instruments.