Real Property – Deed Reformation – Civil Practice – Statute of Limitations

Morgan v. Cadieu (Lawyers Weekly No. 12-16-0004, 7 pp.) (Rick Elmore, J.) Appealed from Mecklenburg County Superior Court. (Richard D. Boner, J.) N.C. App. Unpub. Click here for the full-text opinion.

Holding: Plaintiff’s Aug. 31, 1999 deed to the defendant-buyers mistakenly conveyed all of his 6.95-acre tract on Remount Road in Mecklenburg County when all parties intended for plaintiff to retain a parcel on which billboards had been erected. At plaintiff’s request, both his attorney and his real estate agent reviewed the deed before plaintiff signed it, and plaintiff received a copy at closing; however, plaintiff did not file this action to reform the deed until March 10, 2010. Plaintiff’s claim for reformation is barred by the applicable three-year statute of limitations.

We affirm summary judgment for defendants.