Re: Debt past SOL but under seal

Posted by Why Chat (209.240.198.61) on July 26, 2003 at 02:20:27:

In Reply to: Debt past SOL but under seal posted by IronMaiden on July 25, 2003 at 22:07:39:

The only longer SOL exception to the 3 year SOL in § 1.52 contracts would be a 10 year SOL for contracts under seal involving real property.

§ 1-47. Ten years.
Within ten years an action -
(1) Upon a judgment or decree of any court of the United States, or of any state or territory
thereof, from the date of its rendition. No such
action may be brought more than once, or have the
effect to continue the lien of the original
judgment.
(1a) Upon a judgment rendered by a justice of the peace, from its date.
(2) Upon a sealed instrument or an instrument of conveyance of an interest in real property, against the principal thereto. Provided, however, that if action on an instrument is filed, the defendant or defendants in such action may file a counterclaim
arising out of the same transaction or transactions
as are the subject of plaintiff's claim, although a
shorter statute of limitations would otherwise
apply to defendant's counterclaim. Such
counterclaim may be filed against such parties as
provided in G.S. 1A-1, Rules of Civil Procedure.
(3) For the foreclosure of a mortgage, or deed in trust for creditors with a power of sale, of real
property, where the mortgagor or grantor has been
in possession of the property, within ten years
after the forfeiture of the mortgage, or after the
power of sale became absolute, or within ten years
after the last payment on the same.
(4) For the redemption of a mortgage, where the mortgagee has been in possession, or for a
residuary interest under a deed in trust for
creditors, where the trustee or those holding under
him has been in possession, within ten years after
the right of action accrued.
(5) Repealed by Session Laws 1959, c. 879, s. 2.
(6) a. Against any registered land surveyor as
defined in G.S. 89C-3(9) or any person acting
under his supervision and control for physical
damage or for economic or monetary loss due to
negligence or a deficiency in the performance
of surveying or platting, within 10 years
after the last act or omission giving rise to
the cause of action.
b. For purposes of this subdivision, "surveying
and platting" means boundary surveys,
topographical surveys, surveys of property
lines, and any other measurement or surveying
of real property and the consequent graphic
representation thereof.
c. The limitation prescribed by this subdivision
shall apply to the exclusion of G.S. 1-15(c)
and G.S. 1-52(16).

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