N.C.P.I.—Civil 820.60

The (state number) issue reads:

"Is the plaintiff's title to (describe property) superior to the title of

the defendant?"

In this case, the plaintiff contends that he is the owner of (describe

property) by virtue of a chain of [deeds] [wills] [transfer(s) by

inheritance] [(describe other transfer(s))]2 that began with (name

common source) and ended with (identify the most immediate link in

chain of title to the plaintiff). The defendant contends, on the other

hand, that he is the owner of (describe property) by virtue of another

chain of conveyances that began with a deed from (name common

source) and ended with (identify most immediate link in chain of title to

the defendant). The plaintiff and the defendant [agree] [do not contest]

that (name common source) held valid title to (identify property).

On this issue the burden of proof is on the plaintiff. This means

that the plaintiff must prove, by the greater weight of the evidence, two

things:

First, that the first link in the plaintiff's chain of title from (name

common source) is superior to the first link in the defendant's chain of

title from (name common source).

[Use where the first link in the plaintiff's chain is a deed: The first

link in the plaintiff's chain would be superior to the first link in the

defendant's chain if the (identify first deed from common source in the

plaintiff's chain) was [recorded in the ______ County registry prior to the

recordation of the (identify first deed from common source in the

defendant's chain)] [delivered to (name first link in the plaintiff's chain)

prior to the death of (name common source)]3 [delivered to (name first

link in the plaintiff's chain) prior to (state other event or circumstance of

transfer)].

[Use where the first link in the plaintiff's chain is a will: The first

link in the plaintiff's chain would be superior to the first link in the

defendant's chain if (name common source) died with a will that was

probated and such death occurred prior to (state other event or

circumstance of transfer)].

[Use where the first link in the plaintiff's chain is a transfer by

inheritance: The first link in the plaintiff's chain would be superior to the

first link in the defendant's chain if (name common source) died without

a will and such death occurred prior to (state other event or circumstance

of transfer)].

[Use where the first link in the plaintiff's chain is another type of

transfer: The first link in the plaintiff's chain would be superior to the

first link in the defendant's chain if (identify event giving rise to the title

transfer, e.g., bankruptcy) occurred [prior to the death of (name common

source)] [prior to (state other event or circumstance of transfer)].

And Second, that each [deed] [will] [transfer by inheritance]

[(describe other conveyance)] in the plaintiff's chain of title4 was valid to

pass title.

[Use in connection with deeds: Members of the jury, to convey

valid title, a deed must meet certain requirements. [The parties have

agreed] [The Court has already ruled] that many of these requirements

are met by (identify deed at issue). However, [the parties have not

agreed] [the Court has not already ruled] that (state number of

requirements listed below which remain for decision by the jury) of these

requirements [has] [have] been met. Whether [this] [these] (state

number to be decided) requirement

(s) [is] [are] met by (identify deed at issue) is for you to decide. These

include whether (here select as appropriate):

[the (identify deed at issue) names the grantor5]

[the (identify deed at issue) identifies a then-existing grantee6]

[the (identify deed at issue) has operative words of conveyance.7 It

is not necessary that the grantor actually use such words as "convey" or

"grant" as long as the words used by the grantor show his intent to

transfer his interest.8]

[the (identify deed at issue) adequately identifies the property

conveyed.9 A description is adequate if it is sufficiently definite to

identify the land being conveyed or refers to something by which the land

may be identified with certainty.10 A description is not adequate if it

leaves the identity of the land in a state of absolute uncertainty and fails

to refer to something by which it might be identified with certainty.11]

[the (identify deed at issue) was properly signed by the grantor (or

his authorized agent).12 (A signature may consist of a mark or a symbol

made by the grantor with the intent that it constitute a signing of the

deed.13) (A mark or symbol put on a deed by someone other than the

grantor is nonetheless the grantor's signature if he adopts it as his

signature.14)]

[NOTE WELL: Use only for deeds executed prior to

June 17, 1999:15 the (identify deed) was properly

sealed.16 (A deed is sealed when the signature of the

grantor is accompanied by a mark, impression or words

which indicate that he adopts his signature as his seal.

The word "seal" beside (or near) the grantor's name is

sufficient.17)]

[the (identify deed at issue) was properly acknowledged by the

grantor before an official authorized by law to take such

acknowledgments.18 (probated and recorded).19]

[the (identify deed) was validly delivered20 to [the grantee]

[someone on the grantee's behalf].

[Use where the plaintiff relies on a presumption of valid

delivery: You may find, though you are not compelled to do so, that

a valid delivery has occurred if (identify deed) [is in the possession

of the grantee]21 [has been probated and recorded in the public

registry].22]

[Use where the plaintiff relies on proof of grantor's intent to

deliver, and a physical transfer: A valid delivery requires two

things.23 First, the grantor must intend to transfer the deed beyond

his possession and beyond his legal control. Second, the grantor

must actually physically transfer the deed from his possession with

the intent that it shall pass to [the grantee] [someone on the

grantee's behalf].24]]

[the (identify deed at issue) was accepted by the grantee in a

legally adequate manner.

[Use where the plaintiff relies on a presumption of legal

acceptance: You may find, though you are not compelled to do so,

that the grantee accepted the deed [if the conveyance was

beneficial to him25 (even though the grantee [had no knowledge of

the conveyance]26 [was an infant]27 [lacked mental capacity to

understand what he was receiving]28 [name other disability])] [the

deed has been probated and recorded in the public registry]29 [the

deed is found in the possession of the grantee]30.]

[Use where the plaintiff relies on proof of actual acceptance:

A grantee's acceptance may be [express] [implied from the

circumstances]. [Acceptance is express when, by word or conduct,

the grantee assents to the conveyance for his benefit.] [Acceptance

is implied where a reasonable person, under the same or similar

circumstances, would conclude that the grantee accepted the

deed].31]]

[(state other criteria at issue and supported by the evidence)].]

[Use in connection with wills: Members of the jury, to pass valid

title, a will must meet certain requirements. The Court has already found

that some of these requirements have been met. You must decide, by

the greater weight of the evidence, whether the remaining requirements

have been met. These include whether (here select as appropriate):

[the will is legally sufficient.32 For a will to be legally sufficient,

the plaintiff must prove, by the greater weight of the evidence, (state

number) things: (Here give, as appropriate, the elements of N.C.P.I.-Civil

860.05 (Attested Written Will) or N.C.P.I.-Civil 860.10 (Holographic

Will).]

[the testator was competent.33 For the testator to be legally

competent, the plaintiff must prove, by the greater weight of the

evidence, (state number) things: (Here read, as appropriate, the

elements of N.C.P.I. 860.15 (Wills-Testamentary Capacity).]

[the will was properly probated and recorded34]

[(state any other criteria at issue and supported by the

evidence)].]

[Use in connection with transfers by inheritance: Members of the

jury, to pass valid title, a transfer by inheritance must meet certain

requirements. The Court has already found that some of these

requirements have been

met. You must decide, by the greater weight of the evidence, whether

the remaining requirements have been met. These include whether:

(State any requirements at issue for transfers by inheritance and

supported by the evidence).]

[Use in connection with other types of transfer: Members of the

jury, to pass valid title, a (describe other transfer) must meet certain

requirements. The Court has already found that some of these

requirements have been met. You must decide, by the greater weight of

the evidence, whether the remaining requirements have been met. These

include whether:

(State requirements at issue for any other method of passing title

supported by the evidence.)35]

The (describe property) must be included in each link in the chain

of conveyances starting with the (name the alleged first link in the

plaintiff's chain) and ending with the [deed] [will] [transfer by

inheritance] [(describe other conveyance)] to the plaintiff36.

Finally, as to the (state number) issue on which the plaintiff has

the burden of proof, if you find by the greater weight of the evidence that

the plaintiff's title to (describe property) is superior to the title of the

defendant, then it would be your duty to answer this issue "Yes" in favor

of the plaintiff37.

If, on the other hand, you fail to so find, then it would be your duty

to answer this issue "No" in favor of the defendant.