United States — North Carolina
§ 1-440. 9. Authority of court to fix procedural details.
1 provisions
The court with proper jurisdiction may set necessary procedural details when this Article does not spell them out.
Act or statute Open & Chat
United States — North Carolina Statutes
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United States — North Carolina
§ 1-45. 1. No adverse possession of property subject to public trust rights.
1 provisions
Property held by the State and subject to public trust rights cannot be acquired by adverse possession.
Act or statute Open & ChatUnited States — North Carolina
§ 1-45. No title by possession of public ways.
1 provisions
No person or corporation may acquire exclusive rights in a public way by occupying, encroaching on, or obstructing it.
Act or statute Open & ChatUnited States — North Carolina
§ 1-46. 1. Twelve years.
1 provisions
A damages action for personal injury, death, or property damage tied to a product defect or product failure cannot be brought more than 12 years after the product’s initial purchase for use or consumption.
Act or statute Open & ChatUnited States — North Carolina
§ 1-46. Periods prescribed.
1 provisions
This section says the time periods for starting actions are set out in this Article, except for actions to recover real property.
Act or statute Open & ChatUnited States — North Carolina
§ 1-47. Ten years.
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Several kinds of actions must be started within ten years, including actions on judgments, certain foreclosure actions, and certain redemption actions.
Act or statute Open & ChatUnited States — North Carolina
§ 1-472. Claim for delivery of personal property.
1 provisions
A plaintiff in a possession action for personal property may ask for immediate delivery of the property before judgment.
Act or statute Open & ChatUnited States — North Carolina
§ 1-473. Affidavit and requisites.
1 provisions
If a delivery is claimed, the plaintiff must make an affidavit before the court clerk or another person authorized to administer oaths, setting out specified facts about the property and its detention.
Act or statute Open & ChatUnited States — North Carolina
§ 1-474. 1. Notice of hearing; waiver; permissible form of notice and waiver.
1 provisions
The clerk of court must send notice of hearing at the plaintiff’s request, and the defendant may waive the hearing only in the stated way.
Notice Open & ChatUnited States — North Carolina
§ 1-474. Order of seizure and delivery to plaintiff.
1 provisions
The clerk of court may order the sheriff to seize property from the defendant and deliver it to the plaintiff, if required conditions are met.
Order Open & ChatUnited States — North Carolina
§ 1-475. Plaintiff’s undertaking.
1 provisions
The plaintiff must give a sheriff-approved written undertaking backed by sufficient sureties.
Act or statute Open & ChatUnited States — North Carolina
§ 1-476. Sheriff’s duties.
1 provisions
The sheriff must take certain property into custody and serve copies of the affidavit, notice, and undertaking on the defendant.
Act or statute Open & ChatUnited States — North Carolina
§ 1-477. Exceptions to undertaking; liability of sheriff.
1 provisions
The defendant may object to the sureties within three days after service; otherwise the objection is waived.
Act or statute Open & ChatUnited States — North Carolina
§ 1-478. Defendant’s undertaking for replevy.
1 provisions
The defendant may get the property returned before delivery to the plaintiff by giving the sheriff a written undertaking with sufficient sureties, subject to stated conditions.
Act or statute Open & ChatUnited States — North Carolina
§ 1-479. Qualification and justification of defendant’s sureties.
1 provisions
Defendant’s sureties must justify before the court or judge after giving the plaintiff 2 to 6 days’ notice, and the sheriff then delivers the property according to whether justification occurs.
Act or statute Open & ChatUnited States — North Carolina
§ 1-48. (Transferred)
1 provisions
This section was transferred to G.S. 1-54(6).
Act or statute Open & ChatUnited States — North Carolina
§ 1-480. Property concealed in buildings.
1 provisions
If property is hidden in a building or enclosure, the sheriff must demand its delivery and, if it is not handed over, break open the place and take the property.
Act or statute Open & ChatUnited States — North Carolina
§ 1-481. Care and delivery of seized property.
1 provisions
When the sheriff has seized property under this Article, the sheriff must keep it in a secure place and deliver it to the entitled party, subject to fees, expenses, and certain returned amounts.
Act or statute Open & ChatUnited States — North Carolina
§ 1-482. Property claimed by third person; proceedings.
1 provisions
A third-party claimant may intervene in a sheriff’s property dispute if an affidavit and bond are filed, but the claimant can intervene without bond if not seeking possession before trial.
Act or statute Open & ChatUnited States — North Carolina
§ 1-483. Delivery of property to intervener.
1 provisions
If the claimant files the required undertaking, the sheriff may deliver the property to the claimant and may keep it briefly to demand indemnity.
Act or statute Open & Chat