cabarrus county board of commissioners regular meeting november ...

October 17, 2011 (Regular Meeting)PageOwnership shall be listed with the name(s) of the person(s) cited on theoriginal deed, will, or court preceding. The name is to be listed exactly asit is on the deed. Descriptive information about the grantee (maritalstatus, state of incorporation, etc) should not be listed, only the name ofthe owner or name of the company that owns it.Changing a Name Without Transferring OwnershipCorporationIndividualA new deed, filed in the Cabarrus County Register of Deeds is the bestway to change the name for an existing owner. Generally, a correctiondeed is best suited when there is an error or omission in the originaldocument. In the case of a marriage/divorce/name change, a new deed isalso best. However, if a name change has been appropriately filed withthe Clerk of Courts, it can be used.As with individuals, recording a new deed is preferable. However, fora corporation or business, the owner of record can be changed based onArticles of Name Change, Articles of Merger/Acquisition, or othersimilar documents as long as they have been appropriately filed withthe North Carolina Secretary of State, Corporations Division, and/orthe Cabarrus County Register of Deeds.Transferring OwnershipThe only way to transfer a parcel is via a recorded,legal land recorddocument. These are: a deed, a will, or a special preceding/court order.These documents must be a recorded public record in CabarrusCounty, eitherin the Register of Deeds or Clerk of Courts.Adocument filed in anothercounty or state cannot be used to transfer a property. To transfer a parcel,staff must first identify the property rty describedby the deed. Once theparcel is identified, then staff must verify thatthe grantor has an interestin the property to transfer. If the grantor does not, then the preparingattorney shall be contacted to obtain more information or to request acorrection. Cabarrus County Land records can only transfer a parcel orinterest in a parcel if they actually own interest in it. If the grantordoes not have interest in a parcel, that deed reference shall be added to theparcel but the ownership will not change. Ifthe ownership of a parcel is indispute, per North Carolina statute, theproperty should be listed to unknownowner.Intent of a DeedProperty shall l be transferred orsplit exactly as it is described in thedeed. However, minor typographical errors in a deed can be overlooked aslong as the intent of the deedis clear. If the intent is not clear, thenthat deed shall l be held untila correction deed is recorded. For example, ifthe grantor owns lot 125 ofXYZ subdivision and a deed is recorded from thatgrantor for lot 25 of that subdivision, staff shall research the situation.If we find that the grantor actually owned lot 125, the mailing address andprior deed reference reflect lot 125 and the grantor never owned lot 25, thenit would be obvious that lot 25 was a typographical error omitting the “1”and they intended to transfer lot 125. The attorney and owner shall benotified of this error, but for our purposes we shall transfer lot 125 to thenew owner. Another example would be if one of the deed calls is reversed, aslong as we can determine what property is to be conveyed, the deed shall bemapped/transferred. If a deed comes through for lot 5 of ABC subdivision asrecorded in map book 105 / page 1, and that plat is a different subdivisionowned by the grantor, the intent would not be clear because the grantor ownsboth parcels and either could be correct. This parcel would not betransferred until a correction deed is recorded. For this section, staffshall use its best judgment to determine if an error is minor enough totransfer the property or if a correction is necessary.Property Mapping BasicsDRAFTEach parcel shall be mapped in GIS according to the metes and boundsdescription on the original deed or plat. In the event of a conflict in alegal description, the following order should be precedence: Right of Possession Senior Right (which property/description was done first) Location of a natural monument Location of a man made monumentA-1Page 47