This text of North Carolina § 46A-59 (Order for possession) is published on Counsel Stack Legal Research, covering North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)An order for possession of real property apportioned pursuant to this Part, in favor of the party to which an apportionment has been made and against any party in possession at the time of application therefor, may be issued by the clerk of the superior court if all of the following apply:
(1)No appeal from the order of confirmation of the report of commissioners has been made within the time prescribed under G.S. 1-301.2, or if an appeal has been made, the judge confirmed the report pursuant to G.S. 46A-56(c).
(2)The report and confirmation have been duly recorded in the office of the register of deeds pursuant to G.S. 46A-57.
(3)Ten days' notice has been given by the party applying for the order for possession to each party remaining in possession at the time application is made.
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(a) An order for possession of real property apportioned pursuant to this Part, in favor of the party to which an apportionment has been made and against any party in possession at the time of application therefor, may be issued by the clerk of the superior court if all of the following apply:
(1) No appeal from the order of confirmation of the report of commissioners has been made within the time prescribed under G.S. 1-301.2, or if an appeal has been made, the judge confirmed the report pursuant to G.S. 46A-56(c).
(2) The report and confirmation have been duly recorded in the office of the register of deeds pursuant to G.S. 46A-57.
(3) Ten days' notice has been given by the party applying for the order for possession to each party remaining in possession at the time application is made. The notice shall not be given until the clerk has confirmed the report of the commissioners pursuant to G.S. 46A-56.
(b) An order for possession issued pursuant to this section shall be directed to the sheriff and shall authorize the sheriff to remove all occupants and their personal property from the real property and to put the party to which an apportionment has been made in possession. The order shall be executed in accordance with the procedure for executing a writ or order for possession in a summary ejectment proceeding under G.S. 42-36.2. The party to which an apportionment has been made has the same rights and remedies in connection with the execution of an order for possession and the disposition of personal property following execution as are provided to a landlord under State law, including Chapters 42 and 44A of the General Statutes. (2020-23, s. 3.)
§ 46A-60: Reserved for future codification purposes.
§ 46A-61: Reserved for future codification purposes.
§ 46A-62: Reserved for future codification purposes.
§ 46A-63: Reserved for future codification purposes.
§ 46A-64: Reserved for future codification purposes.
§ 46A-65: Reserved for future codification purposes.
§ 46A-66: Reserved for future codification purposes.
§ 46A-67: Reserved for future codification purposes.
§ 46A-68: Reserved for future codification purposes.
§ 46A-69: Reserved for future codification purposes.
§ 46A-70: Reserved for future codification purposes.
§ 46A-71: Reserved for future codification purposes.
§ 46A-72: Reserved for future codification purposes.
§ 46A-73: Reserved for future codification purposes.
§ 46A-74: Reserved for future codification purposes.
Part 3. Partition Sale.