1 / 16

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?”. NC/SC Boundary Realignment. Line originally surveyed in 1772 44 Trees Marked Only No bearings or distances

merrill-bryan
Download Presentation

NC/SC Boundary Realignment

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. NC/SC Boundary Realignment “Now that we’re not in South Carolina anymore…

  2. “Now that we’re not in South Carolina anymore… … what are you doing to fix it?”

  3. NC/SC Boundary Realignment • Line originally surveyed in 1772 44 • Trees Marked Only • No bearings or distances • Congressional consent required for Relocation • NC/SC Boundary Commissions: • Formed joint commission • Started work 18 years ago • Task – Determine true location of the Boundary.

  4. NC/SC Boundary Realignment • Major ramifications: • Title documentation in wrong State • How does title pass by operation of law • Anti-deficiency statute • Tenancy by the Entirety • JTWROS • N.C.G.S. Section 29-30 marital rights

  5. NC/SC Boundary Realignment • 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.

  6. NC/SC Boundary Realignment • 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.

  7. NC/SC Boundary Realignment • 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.

  8. NC/SC Boundary Realignment • 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

  9. NC/SC Boundary Realignment • 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

  10. North Carolina Approach • 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

  11. North Carolina Approach • 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

  12. North Carolina Approach • NC Boundary Commission Proposed Draft 48 • Second Prong: • “Affidavit of Title of State Boundary Abutter” • Title opinion • May be filed by qualified attorney only • 60 year search • Liability Provisions • Reliance Provisions • Notice Requirements • Perjury Penalties Applicable

  13. North Carolina Approach • 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”

  14. North Carolina Approach • NC Boundary Commission Proposed Draft 50 • Notes: • Unrecorded Mortgages Enforceable in NC • Commence an action • File Notice of Lis Pendens • File “Affidavit” • Tribal Lands expressly omitted • Other issues not addressed in draft at this point

  15. North Carolina Approach • 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

  16. Thank You

More Related