In NC, do the size and content rules in G.S. 47-30 (the plat mapping statute) apply to every plat a surveyor draws, or only to plats that are going to be recorded at the Register of Deeds?

Plain-English summary

The Robeson County Register of Deeds asked whether G.S. 47-30’s plat and map requirements applied to every survey prepared by a surveyor, including one that would never be recorded. The AG answered no: “G.S. 47-30 only applies to plats and maps filed for recording with the Register of Deeds Office.” The intended use of the plat or map determines whether it should be prepared for recording under that section.

The AG read the statute as a whole. Subsection (a) referred to land plats “presented to the Register of Deeds for recording”; subsection (b) referred to each plat “presented for recording.” Other subsections did not repeat those words, but the AG said the statute’s context kept the same scope. The opinion also pointed to the 1911 act’s caption, “AN ACT TO PROVIDE FOR THE REGISTRATION OF PLATS AND SUBDIVISIONS,” and the placement of G.S. 47-30 in Chapter 47’s article titled “REGISTRATION.”

This is an answer about which plats the statute governs. The opinion does not decide whether a Register of Deeds can refuse a particular filing, impose additional requirements, or exercise any other recording authority.

Currency note

This opinion interprets G.S. 47-30 as it stood in 1989. Check current recording requirements and applicable professional rules for a present plat or survey.

Background and statutory framework

The opinion notes that G.S. 47-30 specified matters such as plat size, reproducibility, title information, certificates, computations, and a vicinity map. The AG did not treat each requirement as a rule for every surveyor’s work. It treated them as requirements for plats and maps presented to the Register of Deeds for recording. The opinion cited Wittson v. Dowling for the 1911 registration act’s role in addressing priority between conflicting dedications.

Common questions

Does G.S. 47-30 apply to a survey that will not be recorded?

The AG said no. Its conclusion is limited to plats and maps presented for recording in the Register of Deeds Office.

Does every subsection have to say “presented for recording” for that limit to apply?

No. The AG read subsections that say “each plat” or “the plat” in the context of the statute’s recording language, the original act’s caption, and its placement in the registration article.

Did the opinion decide when a Register must accept or reject a plat?

No. It addresses G.S. 47-30’s scope, not a Register’s decision on a specific filing or any power to add requirements.

Source

• Landing page: https://ncdoj.gov/opinions/plats-and-subdivisions-registration-register-of-deeds/

Original opinion text

Requested By: Joe B. Freeman, Register of Deeds, Robeson County, Lumberton, N.C.

Question: Does G.S. 47-30 apply to all plats and surveys prepared by surveyors regardless of whether or not they are to be recorded in the Register of Deeds Office?

Conclusion: No. G.S. 47-30 only applies to plats and maps filed for recording with the Register of Deeds Office.

The headnote included by the legislature as a part of G.S. 47-30 reads: "Plats and subdivisions; mapping requirements." The subsections of the statute specifically provide for a certain size, reproducibility, information to be contained in the title of the plat, the certificate and form, the method of computation, and for specific information to be included and for a vicinity map. Subsection (a) provides that all "land plats presented to the Register of Deeds for recording" shall be of a certain size. Subsection (b) provides that "each plat presented for recording shall be a reproducible plat . . ." Other subsections refer to "each plat" or "the plat" without reference to recording. While all of the subsections do not expressly refer to plats present for recording, we believe it is clear that the statute only applies to those plats and maps presented for recording.

The title of an Act may also be referred to in determining its application. 12 Strong's, N.C. Index 3d, Statutes, Par. 5.6. G.S. 47-30 was originally passed in 1911. The caption of the enabling Act is "AN ACT TO PROVIDE FOR THE REGISTRATION OF PLATS AND SUBDIVISIONS." (1911, c.55) Although amended several times, G.S. 47-30 basically provides for recordation of maps and plats with the Register of Deeds and the requirements for the plat in order that they may be recorded, the same as when originally passed.

The 1911 Session Law is now codified in Article 2 of Chapter 47. Article 2 is entitled "REGISTRATION". Other sections in this article deal with the registration of conveyances, contracts to convey, options and leases of land, deeds of trust, mortgages and conditional sales contracts. G.S. 47-18 and G.S. 47-20. The purpose of the registration laws is to give notice to third parties. These instruments generally are good as between the parties without registration, but not as to third parties.

One case in discussing the statute in question states that Chapter 55 of the 1911 Sessions Laws provides for the registration of plats of this nature (subdivision and dedications), and that the statute was designed to regulate priorities as between two conflicting dedications. Wittson v. Dowling, 179 N.C. 542, 547.

Although the headnote alone is not fully descriptive of the section, when considered together with the title (registration) of Article 2 (in which the section is codified), it is fully descriptive of the purpose of the section. We find nothing that makes G.S. 47-30 applicable to any plat or survey, except those presented for recording in the Register of Deeds Office. Therefore this office is of the opinion that G.S. 47-30 applies only to those maps or plats presented to the Register of Deeds for recording in his office. Whether or not the plat or map should be made to comply with G.S. 47-30 and recorded depends on the purpose for which it is to be used.

LACY H. THORNBURG
Attorney General

Eugene A. Smith
Senior Deputy Attorney General