NC/SC Boundary Realignment
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Transcript of NC/SC Boundary Realignment
NC/SC Boundary Realignment
“Now that we’re not in South Carolina anymore…
“Now that we’re not in South Carolina anymore…
… what are you doing to fix it?”
10:58 PM
Line originally surveyed in 1772 44Trees Marked OnlyNo bearings or distancesCongressional consent required for RelocationNC/SC Boundary Commissions:
Formed joint commissionStarted work 18 years ago
Task – Determine true location of the Boundary.
NC/SC Boundary Realignment
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Major ramifications:Title documentation in wrong StateHow does title pass by operation of
lawAnti-deficiency statute Tenancy by the EntiretyJTWROS N.C.G.S. Section 29-30 marital rights
NC/SC Boundary Realignment
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Major ramifications - Regulatory Authority over:
Roads and highways,
Utilities
water, sewer, electric, gas, telephone and cable
Utility service territories
Plants, Lines and Easements
Property taxes (real, personal and business),
ABC taxes,
Franchise and license taxes,
Sale of regulated goods (fireworks), etc.
Mail, police, fire and EMT protection/jurisdiction
School districts and in-state tuition.
NC/SC Boundary Realignment
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Major ramifications - Regulatory Authority over:Licensing
Vehicles and drivers
Businesses and professions
Examples:
One doctor’s office located where not licensed
Boundary gas station selling fireworks/alcohol is no longer properly licensed
Reportedly can’t qualify in state where located.
NC/SC Boundary Realignment
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South Carolina Approach 45
Separate drafts addressing issues
Limits application;
North Carolina Border Counties east of Greenville Co.
Spartanburg, Cherokee, York, Lancaster, Chesterfield, Marlboro, Dillon and Horry.
NC/SC Boundary Realignment
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South Carolina Approach 45
Clerks of court, registers of deeds must provide notice
To attorneys and others
Normally utilized to provide general notices
Clerks of court, registers of deeds must record “Notice of Boundary Clarification”
All prior legal interests determined by NC law
All prior Mortgages foreclosed in state where entered
NC/SC Boundary Realignment
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North Carolina Approach 46
NC Boundary Commissions ad hoc committee
North Carolina Land Title Association,
North Carolina Secretary of State
North Carolina Attorney General
Local Government Division, NCDOR
North Carolina Association of Assessing Officers
North Carolina Association of Tax Collectors
North Carolina Register of Deeds Association
NCBA, Real Property Section
NC/SC Boundary Realignment
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NC Boundary Commission ad hoc committee 46
Various Drafting proposals considered:
Record copies of all muniments of a full chain of title
Expensive
Time consuming
Record thirty Year search only
Less expensive
Misses too much in non urban properties
Too many encumbrances not cut of by MTA
North Carolina Approach
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NC Boundary Commission ad hoc committee 47
Proposed Draft of Statute
Defines Terms and is generic
Three Prong Approach
First Prong:
“Notice of State Boundary Abutter” May be filed by anyone claiming interest in affected lands
Filing only operates as a record notice
In effect - just a place holder
Does not establish title
North Carolina Approach
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NC Boundary Commission Proposed Draft 48
Second Prong:
“Affidavit of Title of State Boundary Abutter”
Title opinion
May be filed by qualified attorney only60 year search
Liability Provisions
Reliance Provisions
Notice Requirements
Perjury Penalties Applicable
North Carolina Approach
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NC Boundary Commission Proposed Draft 48
Third Prong:
“Chapter 45 modified:
Permit mortgagees to appoint a trustee
Mortgagee will be entitled to bid at a foreclosure
Mortgagee may record the “Notice” and “Affidavit”
North Carolina Approach
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NC Boundary Commission Proposed Draft 50
Notes:
Unrecorded Mortgages Enforceable in NCCommence an action
File Notice of Lis Pendens
File “Affidavit”
Tribal Lands expressly omitted
Other issues not addressed in draft at this point
North Carolina Approach
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Taxes:
Local Government Division NCDOR interpretation
G.S.105-287 permits County tax offices to elect:
NOT to pursue omitted taxes
Not to issue refunds if taxpayers seek one
May proceed per N.C.G.S. Section 105-287,
Make required changes effective 2014 forward
Except when new boundary incorporated in new plat
North Carolina Approach
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