If a judgment directs a party to execute a conveyance of land or to deliver deeds or other documents or to perform any other specific act and the party fails to comply within the time specified, the judge may direct the act to be done at the cost of the disobedient party by some other person appointed by the judge and the act when so done has like effect as if done by the party. On application of the party entitled to performance, the clerk shall issue a writ of attachment or sequestration against the property of the disobedient party to compel obedience to the judgment. The judge may also in proper cases adjudge the party in contempt. If real or personal property is within the State, the judge in lieu of directing a conveyance thereof may enter a judgment divesting the title of any party and vesting it in others and such judgment has the effect of a conveyance executed in due form of law. When any order or judgment is for the delivery of possession, the party in whose favor it is entered is entitled to execution upon application to the clerk upon payment of the necessary fees.
Rule 70.Judgment for specific acts; vesting title.
Last verified July 3, 2026
In one sentenceRule 70 lets a court appoint someone else to carry out a judgment's specific act -- like signing a deed -- at the noncompliant party's expense, or vest title directly by judgment instead.
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.
Source & verification. The rule text and history citation are reproduced verbatim from the
official North Carolina General Statutes, Chapter 1A (N.C. R. Civ. P. 70). Enacted by the North Carolina General Assembly (S.L. 1967, c. 954, codified at N.C.G.S. § 1A-1). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as: judgment for specific actsvesting title by judgmentwrit of attachment to compel obediencewrit of sequestrationcourt appointed person to execute deeddelivery of possession execution