Transferring land in North Carolina

Croatan_Kid

Croatan_Kid

How's your hammer hangin'?
Joined
Nov 4, 2007
Location
New Bern
I'm trying to find out what I need to do to have a piece of land put in my name. There will be no sale. My grandma deeded it to my dad when she divided her 5.5 acres almost in half and now it's my turn at it.

What exactly do I need to do? I was always under the assumption that there needed to be a lawyer involved and I would have to pay said jackass a large sum of money to do nothing more than simple paperwork. However, I've been reading about Quit Claims and it seems that may be the way to go. It's basically a signing over of the land from one person to another and stamped/signed by a notary. Then you turn that in to the Register of Deeds and everything is changed over...I guess.

If anybody can point me in the right direction, that'd be great. I suppose I can call the Register of Deeds for Craven County and see what they say as well.

Also, other than normal property taxes, will I incur any ridiculous penalties for this? I thought maybe inheritance tax, but I wouldn't think it's technically an inheritance since my parents are both still alive.
 
Is your name currently on the deed? If not then a Quit Claim will not work I don't think. As far as tax implications, it will probably be considered a gift from the deed owner (your dad I am assuming) to you. You are allowed 13,000 tax free gifts per year (26,000 if married), so if the land is less than 13,000, you will not have any taxes associated with it.
 
I believe it also has to be surveyed first, but that may be a county thing. I was in a similar situation with a small strip of land my uncle owns that joins my property. He was going to give it to me but the lawyer fees and surveying costs didnt make it worth while.
 
In my case, my grandmother had about 50 acres in farm use, she gifted me 3 acres, we had it surveyed and took that to a lawyer who wrote up the deed. IIRC the survey was about $250, and the lawyer was about the same. After that was over my grandmother received the tax bill for the difference of the farm use tax and the same tax for residential over the last three years, that came out to about $300 so I paid that as well. Since you are looking at dividing up 5 acres or so, that should not be the case for you.
 
If it's already been divided and the deed describes the divideing of the property given your dad , bearings and distances around the property and the estimated acreage, you should be able to get it put in your name for about $250 for the lawyers fee. Shop around ( lawyers ) and you might do better than that.
 
mommucked said:
If it's already been divided and the deed describes the divideing of the property given your dad , bearings and distances around the property and the estimated acreage, you should be able to get it put in your name for about $250 for the lawyers fee. Shop around ( lawyers ) and you might do better than that.
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I agree with this. If you aren't breaking up any land just transferring you shouldn't need a survey. We just did this last year. Just need a lawyer.

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It's already been split (since 1993) and I'm pretty sure it doesn't need to be surveyed. However, it will need to be before I build the house. Tax value on the 2.34 acres is $41,700.

I'll have to ask my grandma what they did. From looking at the GIS maps, it says right on there "Sale Price: $0.00" "Sale Type: Land Split"
 
Just called the Register of Deeds, she said have an attorney draw it up. Hopefully, it'll be as easy as it sounds.
 
Croatan_Kid said:
Just called the Register of Deeds, she said have an attorney draw it up. Hopefully, it'll be as easy as it sounds.
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That's all you'll need. Tax department and your ROD will sign off to have it recorded. As it doesn't actually change your lot lines, the subdivision administrator won't need to sign off on it. They might require a floodplain administrator to sign off on it though.
 
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