N.C.P.I.—Civil 850.00

The (state number) issue reads:

"Did (identify deed at issue) meet the requirements of the law for

conveying valid title?"

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.

Thus, 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, that (here select as appropriate):

[the (identify deed) names the grantor1]

[the (identify deed) identifies a (then-existing) grantee2]

[the (identify deed) has operative words of conveyance.3 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 4 to transfer his

interest.5]

[the (identify deed) adequately identifies the land conveyed.6 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.7 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.8]

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

authorized agent).9 (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.10)

(A mark or symbol put on a deed by someone other than the grantor is

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

signature.11)]

[NOTE WELL: Use only for deeds executed prior to

June 17, 1999:12

the (identify deed) was properly sealed.13 (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.14)]

[the (identify deed) was properly acknowledged by the grantor

before an official authorized by law to take such acknowledgments15

(probated and recorded).16]

[the (identify deed) was validly delivered17 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]18 [has been probated and recorded in the public registry].19]

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

deliver, and a physical transfer: A valid delivery requires two things.20

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].21]]

[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 him22

(even though the grantee [had no knowledge of the conveyance]23 [was

an infant]24 [lacked mental capacity to understand what he was

receiving]25 [name other disability])] [the deed has been probated and

recorded in the public registry]26 [the deed is found in the possession of

the grantee]27.]

[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].28]]

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

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 (identify deed) met the requirements of the law for conveying valid

title, then it would be your duty to answer this issue "Yes" in favor of the

plaintiff.

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.