Marion, IA asked in Real Estate Law and Civil Litigation for North Carolina

Q: Inherited land changed ownership; what steps to take?

I've inherited land from my parents that we've owned and paid taxes on for over fifty years. Recently, when I went to pay taxes and transfer the land into my name, I discovered that part of it, approximately 30 acres, had been changed to another person's name without my knowledge. Despite this, I'm still receiving mail in my name for tax payments on the property, although the tax office records reflect the name change. I've just learned that the person claiming ownership is cutting timber on the land. I haven't contacted the new owner or local authorities yet as I'm unsure of the steps to take. What should I do to address this situation?

2 Lawyer Answers
Anthony M. Avery
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A: You have a boundary dispute and/or adverse possession problem. Go to the property first and look for signs of possession, such as cutting timber. Hire a NC attorney that does real property litigation. It will be difficult and expensive. Get name and address of possessor. Suit for ejectment, detainer, etc. is in order, and do not pay taxes for anyone else but yourself and any other legitimate tenants in common. All interested parties must be joined. Time is of the essence.

James L. Arrasmith
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A: This must feel like a shock, especially after your family has paid taxes and cared for the land for so long. The first thing you should do is visit the county Register of Deeds office to get a copy of the deed showing how and when the 30 acres were transferred to someone else. Compare that with the documents you have showing your family’s ownership. If there’s a suspicious or fraudulent transfer, that could give you grounds to challenge it in court.

You’ll also want to notify the tax assessor’s office about the discrepancy and provide them with your documentation. If the person currently listed on the deed is cutting timber, it’s important to act quickly to prevent further damage or loss. You have the right to protect property you believe is yours, especially if there’s been no proper sale or consent from your side. Keep any mail, tax bills, or official documents that show you’ve continued to be treated as the owner.

Once you’ve gathered everything, your next step would be to file a claim to quiet title in court. This type of legal action asks a judge to confirm rightful ownership when there’s a dispute. You’ve worked hard to keep the land in your family—now it’s time to take clear steps to make sure that’s respected. Don’t delay, especially since the timber is actively being harvested.

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