North Carolina special warranty deed
Here is what North Carolina actually requires on a special warranty deed. The witness rules, the notary block, the margins, the forms that have to travel with it, and where to record it, plus what the deed does and does not do. Deedly is not preparing North Carolina deeds at this time.
- Recording office
- Register of Deeds
- Witnesses
- Notary only
- Transfer tax
- $1 for each $500
- First-page margin
- 3″ top
- Recording fee
- $26 up to 15 pages
- E-recording
- Approved submitters
What a special warranty deed does in North Carolina
A special warranty deed, also called a limited warranty deed or a covenant deed in some states and a grant deed in California, sits between a quitclaim and a general warranty deed. The grantor promises they did nothing during their own ownership to damage the title, and nothing more. Anything that happened before they bought the property is the buyer's risk. Estates, trustees, banks, and builders commonly use it.
The North Carolina law behind this deed
North Carolina has no section written specifically for special warranty deeds. The instrument runs on the general conveyancing and recording statutes below, which is why the requirements here look like those for any other deed in the state.
| What it governs | Citation |
|---|---|
| Conveyances generally | N.C. Gen. Stat. § 47-17 |
| Recording with the Register of Deeds | N.C. Gen. Stat. § 47-18 |
| Homestead and spousal consent | N.C. Const. art. X, § 2 |
| Transfer tax | N.C. Gen. Stat. § 105-228.30 |
When North Carolina homeowners use a special warranty deed
- Sell a property you inherited or hold as trustee
- Convey a property you have owned only briefly
- Transfer commercial or investment property
- Give a buyer more protection than a quitclaim without accepting unlimited exposure
What North Carolina requires on the deed
These are the execution and formatting rules registers of deeds enforce. Getting any of them wrong is the usual reason a deed comes back in the mail.
| Requirement | What North Carolina says |
|---|---|
| Recording office | Register of Deeds |
| Notarization | Required. Each signer must appear before the notary and acknowledge the signature. Signing in front of the notary is the safest practice. |
| Witnesses | None required. A notarial acknowledgment is enough. |
| Legal description | Required, copied exactly from the prior recorded deed. A street address is not sufficient. |
| Grantee's address | Must appear on the face of the deed. |
| Return address | Include a 'when recorded, return to' block so the original comes back to you. |
| Preparer statement | Required. The deed must name who drafted it. |
| Prior deed reference | Not required, though it keeps the chain of title clean. |
| Page setup | 8.5 × 11 in, 3-inch clear space at the top of page one, 0.5-inch margins elsewhere, nothing under 10pt. |
A spouse may have to sign even if they are not an owner
In North Carolina a married grantor's spouse should sign and acknowledge the deed for any real estate the grantor owns, not just the home. Without the spouse's joinder, the property stays subject to the spouse's elective life estate (N.C. Gen. Stat. §§ 39-7(a), 29-30), and a deed of a homestead is not valid without the spouse's signature and acknowledgment (N.C. Const. art. X, § 2(4)). A deed from one spouse to the other does not need the other spouse's joinder (§ 39-13.3(d)).
How to complete and record it in North Carolina
- Find your current deedYou need the legal description from it, word for word. If you can't find your copy, the Register of Deeds can provide one, usually for a few dollars.
- Identify everyone by full legal nameNames must match the current deed and government ID exactly, middle names included. A mismatch creates a gap in the chain of title that shows up years later at closing.
- Complete the deedIt needs the wording, notary certificate, and 3-inch first-page margin used for North Carolina deeds. You can prepare your own deed, or a North Carolina attorney can prepare it for you.
- Sign in front of a notaryBring photo ID. Wait to sign until you are in front of the notary: you have to appear before the notary anyway, and signing there leaves no question about who signed.
- Record it with the Register of DeedsFile in the county where the property is located and pay the recording fee. Many offices in this state also accept e-recording, but usually only from approved submitters such as title companies. Keep the stamped receipt. It fixes your priority date.
- Update insurance and tax recordsA change of ownership can affect your homeowner's policy, your homestead or senior exemption, and in some states the assessed value. Do this within a few weeks.
What it costs in North Carolina
| Cost | Typical amount |
|---|---|
| Recording fee | $26 for up to 15 pages and $4 for each page after that |
| Transfer tax | Excise tax on conveyances: $1 for each $500 (or part of $500) of the consideration or value ($2 per $1,000), paid by the grantor |
| Notary | North Carolina caps notary fees at $10 per signature for an in-person acknowledgment (N.C. Gen. Stat. § 10B-31). A notary may also charge mileage agreed in writing beforehand. |
| Attorney | $150–$700 to prepare the deed |
North Carolina charges an excise tax on conveyances of $1 for each $500 (or part of $500) of the consideration or value ($2 per $1,000), paid by the grantor. Cities and counties may add their own on top, so check the municipality rather than just the county.
Exemptions that commonly apply to a transfer like this: transfers by gift (§ 105-228.29(5)), deeds into your own revocable trust and other transfers for which no consideration in money or property is due or paid (§ 105-228.29(6)), and transfers by will or intestacy (§ 105-228.29(3)-(4)). You have to claim the exemption. The recorder won't apply it for you.
Where to record it in North Carolina
North Carolina deeds are recorded with the Register of Deeds in the county where the property sits, not where you live. There are 100 counties in North Carolina.
Many North Carolina recording offices accept e-recording through vendors such as Simplifile, CSC, or ePN. E-recording is generally open only to approved submitters such as title companies, attorneys, and lenders, so if you prepared the deed yourself, plan to record in person or by mail. Some offices accept filings from the public through those vendors; your county's website will say.
Recording offices we cover in North Carolina: Wake, Mecklenburg, Guilford, Forsyth, Cumberland, Durham, Buncombe, Union, New Hanover, Gaston. See all North Carolina recording offices.
What a special warranty deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- Defects that predate your ownership are not covered. The buyer bears that risk.
- It does not substitute for a title search or an owner's title insurance policy.
- It transfers ownership immediately and cannot be revoked.
- Some purchase contracts specifically require a general warranty deed; check yours before using this one.
Quirks of North Carolina law that catch people out
- North Carolina requires a 3-inch blank margin at the top of page one. A deed that misses the margin, font or paper rules is still recorded, but costs a $25 nonstandard-document fee (N.C. Gen. Stat. §§ 161-14(b), 161-10(a)(18a)).
- A married grantor's spouse must join in a deed of any North Carolina real estate the grantor owns, even when only one spouse is on the title; otherwise the property stays subject to the spouse's elective life estate.
- A deed given as a gift, with nothing paid for the property, is void unless it is notarized and recorded within two years after it is signed (N.C. Gen. Stat. § 47-26). Record a gift deed right away.
- North Carolina does not recognize transfer-on-death deeds.
- A conveyance to a married couple creates a tenancy by the entirety, which protects the property from creditors of only one spouse (not from joint debts) while both spouses are alive and married (N.C. Gen. Stat. § 41-60).
How to hold title in North Carolina
When two or more people take title in North Carolina and the deed says nothing more, the law presumes a tenancy in common, which means no automatic survivorship. If you want the survivor to take the whole property, the words have to be on the deed. Forms of co-ownership available in North Carolina: tenancy by the entirety (married couples only), joint tenancy with right of survivorship, and tenancy in common.
Married couples
A conveyance to a married couple in North Carolina creates a tenancy by the entirety by default.
Deedly is not preparing North Carolina deeds at this time
North Carolina law limits who may charge to prepare a deed for someone else. You can prepare your own deed, or a North Carolina attorney can prepare it for you.
Common questions
Not if you prepare the deed yourself. North Carolina law limits who may charge to prepare a deed for someone else. You can prepare your own deed, or a North Carolina attorney can prepare it for you. What matters is the correct statutory language, an accurate legal description, proper notarization, and recording with the Register of Deeds. If ownership is disputed, the current owner has died without probate, or the transfer is tax-sensitive, use an attorney.
Expect $26 for up to 15 pages and $4 for each page after that. North Carolina also charges excise tax on conveyances of $1 for each $500 (or part of $500) of the consideration or value ($2 per $1,000), paid by the grantor, though whether a gift or family transfer is exempt depends on this state's exemptions, listed on this page. Set by state law and the same in every North Carolina county (N.C. Gen. Stat. § 161-10(a)(1)): $26 for a deed of up to 15 pages, $4 for each page after that. A document that doesn't meet the § 161-14(b) format standards costs $25 more (§ 161-10(a)(18a)).
No. North Carolina requires only that the grantor's signature be acknowledged before a notary public. Forms that show witness lines are usually generic templates borrowed from another state.
With the Register of Deeds in the county where the property is located, not where you live, and not where the buyer lives. North Carolina has 100 counties. Many offices in this state also accept e-recording, but usually only from approved submitters such as title companies.
No, and this is the single most common misunderstanding about deeds. A deed changes who owns the property. The mortgage is a separate contract with the lender, and only a refinance or a written release from the lender removes a borrower. Someone can be off the deed and still fully liable on the loan.
Often, yes. In North Carolina a married grantor's spouse should sign and acknowledge the deed for any real estate the grantor owns, not just the home. Without the spouse's joinder, the property stays subject to the spouse's elective life estate (N.C. Gen. Stat. §§ 39-7(a), 29-30), and a deed of a homestead is not valid without the spouse's signature and acknowledgment (N.C. Const. art. X, § 2(4)). A deed from one spouse to the other does not need the other spouse's joinder (§ 39-13.3(d)). That surprises people, because the spouse is not becoming an owner. They are releasing rights the law gives them automatically.
Keep reading
- North Carolina quitclaim deedTransfers whatever interest you have in a property, with no promises about the title.
- North Carolina general warranty deedTransfers ownership with the strongest title guarantees the law allows.
- North Carolina life estate deedYou keep the right to live in the property for life; named remaindermen own it after you.
- North Carolina gift deedTransfers property to someone as an outright gift, for no payment.
- All deed rules for North CarolinaRecording offices, transfer tax, witness rules, and fees.
- North Carolina recording officesWhere to file in each county.
Deedly is not a law firm
Its software and documents are not a substitute for the advice of an attorney. We provide self-help software and state-specific deed forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.