January 4, 1989
Subject:
Plats and Subdivisions Registration; Register of Deeds
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