North Carolina General Statutes 168-23. Certain private agreements void
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Terms Used In North Carolina General Statutes 168-23
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
Any restriction, reservation, condition, exception, or covenant in any subdivision plan, deed, or other instrument of or pertaining to the transfer, sale, lease, or use of property which would permit residential use of property but prohibit the use of the property as a family care home as defined in N.C. Gen. Stat. § 160D-907 is void as against public policy to the extent of the prohibition and shall be given no legal or equitable force or effect. (1981, c. 565, s. 1; 2019-111, s. 2.6(j); 2020-3, s. 4.33(a); 2020-25, ss. 49(a), (c), 51(a), (b), (d).)