NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 1182

HOUSE BILL 224

 

 

AN ACT TO AMEND CHAPTER 39 OF THE GENERAL STATUTES RELATIVE TO CONSTRUCTION OF CONVEYANCES WHERE CLAUSES IN SUCH CONVEYANCES ARE INCONSISTENT.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Chapter 39 of the General Statutes, entitled "Conveyances.", is hereby amended by adding thereto a new Section to be numbered G.S. 39-1.1 and to read as follows:

"G.S. 39-1.1.  In Construing Conveyances Court shall give Effect to Intent of the Parties.

"(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."

Sec. 2.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3.  This Act shall become effective January 1, 1968.

In the General Assembly read three times and ratified, this the 6th day of July, 1967.