In construing conveyances court shall give effect to intent of the parties
Applied in 5 court decisions — leading case 200 N.C. App. 619 - Metcalf v. Black Dog Realty, LLC (2009)
Most recently applied in 263 N.C. App. 19 - Bank of Am., N.A. v. Schmitt (December 2018)
1967, c. 1182.
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(a) In construing a conveyance executed after January 1, 1968, in which there are inconsistent clauses, the courts shall determine the effect of the instrument on the basis of the intent of the parties as it appears from all of the provisions of the instrument.
(b) The provisions of subsection (a) of this section shall not prevent the application of the rule in Shelley's case.
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.