Who May Have Keys to Office of Register of Deeds

Subject:

Requested By: Lula Heath Register of Deeds Snow Hill, N.C.

Question: What person has the authority to determine who shall have keys to the office of the register of deeds?

Conclusion: Since the register of deeds is required to keep public records, and is required by law to be bonded for the safekeeping of the books and records, only the register of deeds has the authority to determine which persons shall have keys to his office and access thereto.

G.S. 153A-169 requires the board of county commissioners to supervise the maintenance, repair and use of county property. The board has the authority to designate the location of county offices.

However, the register of deeds is an elected public official and under Chapter 161 of the General Statutes is required to perform certain duties and he is responsible for the safekeeping of the books and records filed in the office.

The bond required by G.S. 161-4 is conditioned upon the safekeeping of the books and records by the register of deeds and his assistant and deputy registers of deeds and the faithful discharge of his and their duties.

Clearly, if the register of deeds did not have control of the keys to his office, there would be no way that he could be responsible for the safekeeping of the books and records and the entries made therein.

We conclude therefore, that the register of deeds determines who will have keys to his office.

Rufus L. Edmisten Attorney General

James F. Bullock Senior Deputy Attorney General