(And states dealing with a “clarified” boundary)
Congratulations to the University of North Carolina on last night’s win in the Men’s College Basketball National Championship! North Carolina has always been a basketball state, and our hats are off to you! Our Gamecocks made it to the Final Four for the first time ever, so both states are proud of their men’s basketball teams! And congratulations to our Gamecock women who won their National Championship on Sunday! We love seeing that flag fly over our statehouse! Both Carolinas are apparently now basketball states!
We are also states with a newly defined boundary line between us. The long awaited and much debated legislation “clarifying the original location the boundary” became effective on January 1, 2017, and both states are dealing with the ramifications of the legislation.
Some parcels previously believed to be in South Carolina are now confirmed to be in North Carolina and vice versa. Both legislatures insist that the boundary has not changed, but that since markers have been lost or destroyed by the elements, it was necessary to have the boundary researched and resurveyed. (If they had taken the position that the boundary line was being moved, they would have had to involve Congress.)
South Carolina real estate lawyers have been advised to consult with their title insurance companies for guidance as they deal with affected properties. In North Carolina, however, the Real Property Section of the Bar and the Land Title Association have issued a lengthy memorandum, dated March 20, 2017, to provide guidance to North Carolina lawyers. I thought this memorandum might be useful to point out the various issues to South Carolina lawyers and link it here.
The best advice I can give all of us dealing with issues surrounding this change is to proceed slowly and with due diligence, consulting your title insurance company underwriters every step of the way!