News & Updates
Errors in Deeds and Corrective Measures
by: Greg Henshaw, Title Counsel
As I was reading through a recent issue of North Carolina Lawyers Weekly, I came across an interesting Court of Appeals opinion related to faulty legal descriptions in deeds and the correction of such mistakes. Having worked as a real property practitioner for many years prior to joining Attorneys Title, it is easy for me to understand how mistakes related to errant legal descriptions in deeds can occur. In the rush to get to the Register of Deeds Office before closing, armed with several deeds and deeds of trust for recording, it sometimes happens that an “Exhibit A” is not attached to the deed, or that a legal description is incorrectly attached to the wrong document. It may be several weeks, or more, before the error rears its head and you are asked to correct the problem. Besides the cost to you of getting the document(s) properly on record (if I had a nickel for every time that happened), the question of just which curative approach to take can be confusing. A review of the Court of Appeal's opinion in Garren v. Watts, COA13‐1085 (unpublished), is helpful for understanding what constitutes a valid legal description and what may not work in the way of curative solutions to recording errors.
Although an unpublished opinion, the Garren case is a good primer on the issue of what the courts view as a valid legal description.
New Lien Law – Access to our LiensNC.com job aid and Lien Waivers
Attorneys Title hosted seminars throughout March of 2013 across the state to help explain changes to North Carolina's mechanic's lien law. These seminars provided a summary of the statutory changes, a preview of the new online lien agent system - LiensNC.com, and reviewed the revised and new lien waiver forms.
For an electronic copy of the manuscript which contains a LiensNC.com job aid, click HERE.
To be directed to revised and new lien waiver forms click HERE.
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