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North Carolina Land Use & Zoning Questions & Answers
0 Answers | Asked in Real Estate Law and Land Use & Zoning for North Carolina on
Q: Does my property have legal access to a existing soil road mentioned in our deed?

My family owns a tract of land that was landlocked. We bought an easement from the property owner next to us to connect to the mainroad. However, in addition to this access I found a statement in our property's deed that mentioned joint use of an existing soil road. This soil road is mentioned... View More

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant, Real Estate Law and Municipal Law for North Carolina on
Q: If I buy a house on 6 acres can I add other properties on the land and rent them out?

I'm selling my house in AZ and plan on moving to North Carolina, within an hour drive of Charlotte. If I buy a house on 6 acres can I build other houses on the land and rent them out?

T. Augustus Claus
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answered on Jan 12, 2024

The ability to add additional properties on a 6-acre parcel and rent them out depends on the specific zoning regulations and land use restrictions imposed by the local jurisdiction in North Carolina. Zoning laws vary between municipalities, and they dictate how land can be used, including whether... View More

1 Answer | Asked in Land Use & Zoning for North Carolina on
Q: I was buying land for 5 yrs got behind during covid and the company then decided not to work with me. They made a 5,000

Offer paying 2000 cash & then 3,000. I deposited the check into my account later that week discovering they had put a stop/ cancelled the check they refuse answer or respond to my calls or texts..it's been a year and still nothing. What are my rights and what should I do to retain my... View More

Ben Corcoran
Ben Corcoran
answered on Sep 18, 2023

I do not fully understand what you are asking, but if the deed is still in your name then you still own the property.

1 Answer | Asked in Municipal Law and Land Use & Zoning for North Carolina on
Q: What is lawful production of livestock in nc?

Unless they have changed the law, I thought that it stated that county can’t zone out production of livestock as a city can, due to NC being a right to farm State.

T. Augustus Claus
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answered on Jul 21, 2023

In North Carolina, the lawful production of livestock generally refers to raising and breeding animals for agricultural purposes. This can include various types of livestock, such as cattle, hogs, poultry, sheep, and goats, among others. The specific rules and regulations regarding the production... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for North Carolina on
Q: I've had 2 vehicles in my yard for over a month. 1 does not run and doesn't have rear tires.

Is it legal or possible in NC to take ownership of vehicle so repairs can be made? The vehicles also need to be inspected, have insurance put on them, and tags and registration.

Ben Corcoran
Ben Corcoran
answered on Jul 3, 2023

You can apply for an abandoned vehicle title, this is done either by filling out the form found online or going to your local DMV office. It will take some time but is possible.

1 Answer | Asked in Foreclosure, Land Use & Zoning, Landlord - Tenant and Probate for North Carolina on
Q: Can I claim the more left of from foreclosure if the loan was in my husband's name but deed was in mine?

My husband took off in 2018 I paid the mortgage and went to nursing school. I was fine right up.until the pandemic. The mortgage was in his name but the deed in mine. I made the mortgage payments, am I entitled to and of the funds left over from the foreclosure sale? I looked online for some reason... View More

Ben Corcoran
Ben Corcoran
answered on Jun 29, 2023

Based on this fact pattern, you should be the recipient of any excess funds in the foreclosure process. I would advise that you hire an attorney to represent you during this process to ensure that your interests are heard in court.

1 Answer | Asked in Land Use & Zoning for North Carolina on
Q: What are my property owner rights when neighbor plants hedges on the property line.

The property has been recently surveyed. Also what are my future rights, when these hedges become much bigger?

N'kia (NLN)
N'kia (NLN)
answered on Jun 7, 2023

It depends on various factors, such as whether the plants are damaging your property or somehow decrease its value. You would likely need to consult with an attorney directly, as the attorney would want to see the survey to try to ensure they properly advise you of your rights based on the... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for North Carolina on
Q: Can I sale my house to someone else if I do not own the land that the house sits on?

The Land Use Agreement was signed by the landowner and I built my house on that land.

Anthony M. Avery
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answered on Feb 13, 2023

No...

1 Answer | Asked in Real Estate Law and Land Use & Zoning for North Carolina on
Q: Cannot get neighbor to agree on a line agreement after her surveyor and ours want sign papers. What can we do?

Have tried several times to get neighbor to meet and agree on boundary. We cannot proceed with our home.

Anthony M. Avery
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answered on Dec 20, 2022

You will probably have to sue the other adjoining landowner for a Boundary Line Dispute. It will be difficult and expensive. It does sound like you have an expert witness, and I hope he can persuade the Judge. Quiet Title, Ejectment and Trespass may be additional causes of actions. Hire a NC... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for North Carolina on
Q: Can I live in an RV temporarily on my own farmland until I can build my home?

Over 10 acre property is designated farmland and holds cattle

Zoned RA

Ben Corcoran
Ben Corcoran
answered on Aug 8, 2022

I would have to review your local County codes to give you accurate advice. My suggestion is to call the County offices and see if you can get confirmation that this is allowable.

2 Answers | Asked in Estate Planning, Land Use & Zoning and Real Estate Law for North Carolina on
Q: My husband has a life estate in the house we are living in. We recently married. If he dies what rights do I have?

Would having a lease agreement between us make it possible for me to remain here for the period of time of the agreement? My concern is being asked to move immediately.

A. Jase Allen
A. Jase Allen
answered on Oct 10, 2021

A life estate means he has rights during his lifetime. If he were to pass away, you don't have a life estate too. You may want to get a written agreement with the home owner, like an option to enter into a lease agreement if your husband dies.

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2 Answers | Asked in Land Use & Zoning for North Carolina on
Q: I have a truck that is supposed to be repoed is there a way to keep it?

This truck has been sitting in my parking spot for a long time on my property. I havent made the payment in over a month. I haven't been contacted via email,text, call, or mail. I'm wondering if it would be possible to keep the truck after it been there for so long. (Storage lien or... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 16, 2021

Perhaps if you made the payment(s) to get your account up to date>?

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for North Carolina on
Q: I have been paying the taxes and maintenance for land for over 10 years straight. Can I seek full ownership?

I have been paying the taxes and maintenance for land for over 10 years straight. Land is currently owned by me, my mom, and brother. Legally I am 66.66 owner the remainder is split between my mom and brother. Can I seek fully ownership in the state of North Carolina since I have been fully paying... View More

Ben Corcoran
Ben Corcoran
answered on Jul 12, 2021

No, but you can demand that your family pay their portion of the taxes going forward and ask for back taxes. If you do this they may be willing to sell/give you their interest in the land.

1 Answer | Asked in Real Estate Law, Land Use & Zoning, Estate Planning and Probate for North Carolina on
Q: Person leaves land to 2 people. 1 of the people die and its inherited. Can 1 sign it to someone w/o both party's consent

My grandma left land in her will to my mother and her uncle. My mother died before I was 18 and left her portion to me. Someone got my uncle to transfer his name off the deed to them. They then filed it with the clerk and is now on the deed with me.. Is this legal? To be considered my uncle was... View More

Anthony M. Avery
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answered on Jun 15, 2021

It appears that you are legally a tenant in common of a one half undivided interest with the others as tenants in common of equal interests adding up to one half. But was GrandMother's Will Probated? If not, then it had no effect, and her heirs own the property. Hire a competent attorney... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for North Carolina on
Q: Do i have rights to stay on land?

My father passed away. I have a home in front of his and have been living here for 25 years. My stepmom still lives behind me in their home, and now the land is in her name. Can she make me move or do I have rights to part of the land that my home is setting on?

Ben Corcoran
Ben Corcoran
answered on May 27, 2021

Without looking at the deeds, I cannot give you a definitive answer, but based on what you said, I suspect that you have no right to live on the property should your stepmother revoke permission.

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for North Carolina on
Q: Is my landlord allowed to double lease part of our land to another party without notice?

We have lived in our current home for 6 years, recently an acre of our property has been leased out to another party for their horse. We didn't find out intil there were already fence posts in, when asked, the people putting up the fence said that our landlady was leasing the property to them... View More

Ben Corcoran
Ben Corcoran
answered on Apr 19, 2021

I or any of the lawyers on here would have to read your contract to be able to advise you on this matter.

1 Answer | Asked in Land Use & Zoning for North Carolina on
Q: My father and his siblings are selling land they inherited jointly; sitting adjacent to and on a small portion of the

Land sits the family church they allowed to be built giving them a parking area and a small yard and a fence to divide properties. This was done 40 years ago. The family found a buyer who had land surveyed & decided to buy. They close this week but the buyer now says he wants to remove fence... View More

Ben Corcoran
Ben Corcoran
answered on Mar 23, 2021

No adverse possession does not apply because the church had your permission to use the land. Adverse possession requires that it was being done against your family's wishes.

My advice is to sign a long-term lease with the church, and then the buyer would take the land subject to that lease.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for North Carolina on
Q: If I own a mobile home but lease the land based off a verbal agreement, what are my rights if the land goes up for sale

More complex than typical ‘owns the home but rents the land’ situations that I have found.

A verbal agreement was made with myself and the land owner allowing my mobile home to be placed for $X per month for the land. Not in a MH park, but one of two MH on 100 acres. This was for a new... View More

Ben Corcoran
Ben Corcoran
answered on Mar 4, 2021

Any buyer would be buying the land subject to your lease, while it would be much better if your lease was written it is still likely a valid lease. Additionally, you should check with Forsyth County to make sure that your home is no longer able to be moved, each county has different regulations... View More

1 Answer | Asked in Land Use & Zoning for North Carolina on
Q: if a land estate is written in the will that it has to stay in the family can the family sell it anyways in NC

The land is 100 acres and I own 1 acre in the middle of it. I am part of the family and do not want to sell the land but other members of the family want to sell it.

Ben Corcoran
Ben Corcoran
answered on Feb 1, 2021

Once the land passed to the family, there is generally nothing that can be done to prevent a sale. Even though it was part of the will that it not be sold, that was simply the deceased wishes that the land not be sold. Outside of the deeds containing some very specific, and uncommon, language they... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for North Carolina on
Q: A home in Watauga County NC. House was built within 2-3 feet of the property line.

My mother passed. According to two surveys Her 30+ year old home sits 2-3 feet from property line. Small porch sits 2-3 feet over property line. Watauga County building department says state law calls for a five foot setback. If I acquire the property can I remove the current home and build back... View More

Ben Corcoran
Ben Corcoran
answered on Jan 4, 2021

Without looking at the Watauga County Codes, I can say that you will almost certainly not be allowed to rebuild the house. However, you may be able to claim adverse possession on the area that you thought was owned, but the surveys show was not. Speak to a local real estate lawyer and see what your... View More

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