Rule 70.Judgment for specific acts; vesting title.
Last verified July 3, 2026
Full Text of Rule 70
Amendment History
(1967, c. 954, s. 1.)
Plain-English Summary
Rule 70 gives a court several ways to make good on a judgment that orders a party to execute a conveyance of land, deliver deeds or other documents, or perform some other specific act, when that party fails to comply in the time the judgment specifies. The judge may direct that the act be done instead by someone else the judge appoints, at the noncompliant party's cost, and the act then has the same effect as if the original party had done it. On the other party's application, the clerk issues a writ of attachment or sequestration against the noncompliant party's property to compel obedience, and the judge may also hold that party in contempt where appropriate.
For real or personal property located in North Carolina, the judge may skip ordering a conveyance altogether and instead enter a judgment divesting title from one party and vesting it in another -- a judgment that itself has the same effect as a properly executed conveyance. When a judgment or order calls for delivering possession of property, the party entitled to it may obtain execution by applying to the clerk and paying the necessary fees.
Frequently Asked Questions
What happens if a party refuses to sign a deed a judgment orders it to sign?
Rule 70 lets the judge appoint someone else to sign it instead, at the noncompliant party's cost, with the same effect as if that party had signed it.
Can a court just transfer title to property instead of ordering someone to sign a deed?
Yes, for property located in North Carolina. Rule 70 lets the judge enter a judgment vesting title directly, which has the same effect as a conveyance properly executed.
How does a party obtain possession of property a judgment awards to them?
By applying to the clerk and paying the necessary fees, which entitles that party to execution.