Get free answers to your Land Use & Zoning legal questions from lawyers in your area.
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 
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
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.
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
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
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
It's a huge home that's not had any interest from potential buyers the entire decade I've been squatting there... although the powers always on and I've only had one encounter with the real estate agent that is employed by a company... I live in a little town where mansions are... View More
answered on Nov 17, 2020
You need to "squat" for a minimum of 20 years before you could bring an action to have the house transferred to your name.
If a landowner has an easement through my land, to access his land; can that landowner grant a hunt club permission to use that easement as they please to hunt his land?
answered on Oct 20, 2020
I would have to read the easement in question to be able to answer this. Take what you have to a local lawyer and have them look it over.
They've been there for well over 50 years now and they provide shade and privacy for our yard. We haven't had any issues until new city folk came in and started disturbing land and removing things around the tree line. I just want to keep the trees.
answered on Oct 6, 2020
It depends on whose side of the line the trees are on. If the trees are on their property, they can remove them, and there is nothing you can do about it. If the trees are on your property, then they are not allowed to interfere with your property.
If you have any questions about where the... View More
My sister and her husband are buying property for a very good price if they somewhat rush the deal. This property has 45 acres. We plan on buying 5 of those acres and building a home. We also plan is to give them the down payment they need to make the purchase. Which pays for the land we're... View More
answered on Oct 2, 2020
What you are asking is easily doable. I suggest that you join in the purchase, get the 5 acres surveyed off of the larger tract, and make sure the bank does not include it in its mortgage documents. Then the seller deeds you the 5 acres, and your sister the 40 acres, with the bank loan being... View More
The property wasnt left to one person so there is no clear way to use the property. I have been the onlyh person to pay taxes on this property for 15 years and i would like to put it in my name so i can live on it. What do i do?
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answered on Sep 14, 2020
Cannot understand your facts stated. But hire a competent attorney to draft an Affidavit of Heirship, which will record a source of title. Then you need a Quit Claim Deed from the other heirs over to you. If they will not convey, you may have to file a Partition Suit.
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answered on Jul 12, 2020
A lot split is not a do it yourself project. You will need an attorney and a surveyor. I would also recommend an attorney to do the deed correctly.
However, there are very good reasons for not doing lifetime gifts, and your dad should talk to you and estate planning attorney about that.
lived on and the only access to that piece of land is down my private path and that sibling sold her piece of land to a company without letting us know do we have to grant that company access to that piece of land or do they have to find another access
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answered on May 5, 2020
That possibly dominant tract probably has an Easement either by Prescription, express grant, or possibly by necessity. Hire a competent attorney to perform a title search of the adjoining properties, examine survey plats and/or tax maps, and provide his opinion. If you obstruct or destroy the... View More
are several handicap spaces. My car was parked in one of them when it was towed. I have a handicapped displayed on my rear view mirror. Is that a legal tow?
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answered on Feb 26, 2020
According to you - you need a sticker in addition to a handicapped plate or placard. If you didn't have a sticker it is likely a proper tow.
answered on Jun 3, 2018
You do not need a lawyer to prepare the deed, or to record it, if you competently know how to do it yourself.
I own some land. I know someone that has promised to buy it. Is there any type of document that could be drawn up that allows me an advance of the price the buyer has promised before time of sale so that at time of sale the amount would be less en bloc. E.g. promised 30,000. I ask to have 5,000... View More
answered on Feb 5, 2018
Probably. Have you already entered into a written sales contract? You state that the potential buyer "promised to buy it." In North Carolina, all contracts or agreements to sell or convey land must be in writing to be enforceable.
There are a few ways to accomplish your goal... View More
I moved from Philadelphia to Charlotte with my family after a friend of a friend promised to rent one of her rental properties to me. She could not give me a lease yet because she had a tenant moving out but she said I could move in as soon as they were out. So I transferred my job and uprooted my... View More
answered on Aug 2, 2016
Leases for less than three years do not have to be in writing to be valid in North Carolina. However, since she specifically stated that she was not giving you a lease yet, it would likely be hard to prove you had a lease. There are many properties to rent in Charlotte, so its harder to show... View More
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