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

… what are you doing to fix it?” 10:36 PM

Line originally surveyed in 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. NC/SC Boundary Realignment 10:36 PM

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 marital rights NC/SC Boundary Realignment 10:36 PM

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. NC/SC Boundary Realignment 10:36 PM

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. NC/SC Boundary Realignment 10:36 PM

South Carolina Approach45 Separate drafts addressing issues Limits application; North Carolina Border Counties east of Greenville Co. Spartanburg, Cherokee, York, Lancaster, Chesterfield, Marlboro, Dillon and Horry. NC/SC Boundary Realignment 10:36 PM

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 NC/SC Boundary Realignment 10:36 PM

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 NC/SC Boundary Realignment 10:36 PM

NC Boundary Commission ad hoc committee46 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 North Carolina Approach 10:36 PM

NC Boundary Commission ad hoc committee47 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 North Carolina Approach 10:36 PM

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 North Carolina Approach 10:36 PM

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” North Carolina Approach 10:36 PM

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 North Carolina Approach 10:36 PM

Taxes: Local Government Division NCDOR interpretation G.S 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 , Make required changes effective 2014 forward Except when new boundary incorporated in new plat North Carolina Approach 10:36 PM