Register Of Deeds
Frequently Asked Questions (FAQ)

What are the prerequisites to registration?

Payment of recording fees, payment of the Real Estate Excise Tax (for deeds), name of draftsman (for deeds), Grantee (buyer) address, acknowledgment (notarization).

Does an instrument need to be notarized before it can be recorded?

Almost all instruments presented for recordation first must be acknowledge (notarized) before the Register Of Deeds can record the instrument. Notaries Public are authorized by North Carolina law to perform this duty.

Can I prepare my own deed and have it recorded?

North Carolina law allows you to prepare a Deed Of Conveyance for any real property to which you have legal title. However, the conveyance of real property is a legal matter that should be given under and with the advise of legal counsel.

Can a minor's name be put on a deed?

Yes. However, one should consult an attorney-at-law before doing so.

Do I have to be present in order to record a instrument?

No. Instruments presented for recordation can be made by anyone. The person who presents the instrument can be a party to the instrument, but it is not required by law.

Can I get copies of my neighbors or other persons deeds and other recorded instruments?

Yes. Basically, all documents recorded are public records that are protected by the public records law. However, you first must provide the necessary fees for such before obtaining any copies.

If I lose or misplace my deed, how do I replace it?

The Register Of Deeds is authorized by law to certify as a true copy any instrument that has been recorded in the public registry. However, the necessary fee for such first must be paid by such person requesting said instrument.

What is a Real Estate Excise Tax, and who is responsible for the payment of such?

Real Estate Excise Tax, also known as Revenue Stamps, is imposed by North Carolina law (G.S. §105-228.28) and collected by the Register Of Deeds at the time of recording. The tax is levied on conveyances of an interest in real estate by all persons and organizations except federal, state, county, and municipal governments and their instrumentalities. The transferor (grantor, seller) buys the tax stamp from the Register Of Deeds of the county in which the land that is being sold lies. The rate of tax is $2 on each $1,000, or fractional part thereof, on the consideration or value of the interest or property conveyed. It is a misdemeanor for any transferor or his agent to willfully and knowingly fail to pay the correct amount of the tax, or for anyone to aid, abet, or direct any other persons to fail to pay.

What are the requirements for recording plats?

The size requirement for recording a plat in Brunswick County is 18 x 24 inches. Freestanding plats must have at least a 1½ inch border on the left side and at least a ½ inch border on the other three sides. A plat presented for recording shall be a reproducible plat, e.g., film or mylar. Payment of recording fees.

G.S. 47-30.2 requires counties to designate review officers to review plats for compliance with all statutory requirements before the plats are registered. The Review Officer must affix his or her certification to the map.

     The following categories of maps are exempt from certification by a Review Officer and may      be recorded without such certification:

• Maps which the surveyor has certified to be in a portion of a county or municipality that is unregulated as to an ordinance that regulates parcels of land.

• The survey is of an existing parcel or parcels of land and does not create a new street or change an existing street.

• Municipal annexation maps and municipal boundary maps.

• Highway right-of-way plans.

• Roadway corridor maps.

Brunswick County currently has Review Officers appointed within the Planning and GIS departments.

Does the Register Of Deeds office record instruments that are not real property, personal property, or vital records?

Yes. The following are some of the other instruments recorded in the Register Of Deeds.

• Armed forces discharges
• Assessments of water and sewar authorities
• Assumed name certificates
• Bankruptcy records
• Official bonds
• Corporation records (prior to 7/01/90)
• Farm names
• Farmland districts
• Grave removals
• Historic landmarks
• Historic properties
• Inheritance and estate tax waiver
• Land titles (torrens)
• Limited partnerships
• Mortgages in lieu of bonds
• Strays
• Timber marks
• Waste disposal
• Will renunciations
• Exemption orders
• ...others

Can I request that a copy of an instrument be mailed or faxed to me?

Yes. However, the necessary fee first must be paid before this service can be provided (copy fee).

Can I get copies of birth and death records?

Yes. However, you first must remit the necessary information required by law. More information is available on the Vital Records web page.

Are Wills recorded in this office?

Yes. Although wills are recorded in the Register Of Deeds office, they generally are filed in the Clerk Of The Court's office.