A North Carolina general warranty deed is a legal instrument that transfers property rights from a grantor (old owner) to a grantee (new owner) and warrants the validity and quality of the property title. General warranty deeds contain a promise that neither the grantor nor any previous owner has caused or suffered any title encumbrances. The document further warrants that the grantor has “lawfully seized” the property, meaning they are the rightful owner and have the full power and authority to convey ownership.
While a general warranty deed guarantees that the title is free from defects, it’s still possible that some could arise. In such an event, the deed would protect the buyer from financial liability, provided the defect originated before they acquired title rights.
- Statutes: Chapter 47 – 47H
- Formatting: § 161-14(b)
- Signing Requirements (§ 47-17): Notary Public
- Where to Record (§ 47H-2(d)): Register of Deeds
- Recording Fees (§ 161-10(a)(1)): $26 for the first fifteen (15) pages + $4 for each additional page
- Forms:
- Property Disclosure Statement (§ 47E-4(b)): Informs the grantee of the material state of a residential property.
- Mineral, Oil, and Gas Rights (§ 47E-4.1): Used when selling residential property to disclose information about minerals, oil, and gas on the premises.