§ 46A-20 Venue in partition
§ 46A-21 Petition by cotenant or personal representative of cotenant; necessary and proper parties; joinder of spouses
§ 46A-22 Unknown or unlocatable parties; summons, notice, and representation
§ 46A-23 Petition by judgment creditor of cotenant
§ 46A-24 Surface and oil, gas, or mineral interests in separate owners; partitions distinct
§ 46A-25 Partition of real property subject to a contingent future interest; requirements
§ 46A-26 Methods of partition
§ 46A-27 Carrying costs, including property taxes; improvements; right to contribution
§ 46A-28 Court’s authority to make orders before final determination of proceeding; notice and hearing
§ 46A-29 Mediation
§ 46A-50 Commissioners appointed; compensation; oath; delay or neglect
§ 46A-51 Commissioners to inspect and partition real property; apportioning shares; charging owelty on shares of disproportionately greater value
§ 46A-52 Partition where cotenants unknown or title disputed
§ 46A-53 Apportionment of shares in common
§ 46A-54 Dedication of streets
§ 46A-55 Report of commissioners; contents; filing and service; extension; map
§ 46A-56 Confirmation of report; appeal; motion for relief
§ 46A-57 Report and confirmation enrolled and registered; effect
§ 46A-58 Clerk to docket owelty
§ 46A-59 Order for possession
§ 46A-75 Sale in lieu of actual partition
§ 46A-76 Sale procedure
§ 46A-77 Cotenant credit
§ 46A-78 Partition sale of real property subject to a life estate
§ 46A-79 Partition sale of remainder or reversionary interest of real property
§ 46A-80 Sale of standing timber; valuation of life estate
§ 46A-81 Sale of oil, gas, or mineral interests
§ 46A-82 Sale of real property required for public purposes on cotenant’s petition
§ 46A-83 Petition for revocation of confirmation order
§ 46A-84 Petition for revocation based on inadequate price
§ 46A-84.5 Petition for revocation based on default bid
§ 46A-85 Order becoming final; appeal; purchase of property
§ 46A-86 Sale proceeds belonging to certain parties

Terms Used In North Carolina General Statutes > Chapter 46A > Article 2 - Partition of Real Property

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Docket: A log containing brief entries of court proceedings.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • Fraud: Intentional deception resulting in injury to another.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Personal property: All property that is not real property.
  • personal property: shall include moneys, goods, chattels, choses in action and evidences of debt, including all things capable of ownership, not descendable to heirs at law. See North Carolina General Statutes 12-3
  • property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.