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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 
My dad and grandmother are on the deed, both are dead, he was married at the time of his death, I am his only daughter and his wife died yesterday, she has no kids. There are no wills. How can I gain ownership of our home.
Per this code: Unlike South Carolina and many other states, real... View More
He was originally from North Carolina but had to come to MD when my grandmother became ill and remained here in MD until his death. He was in a nursing home in MD at the time of his death and owned no property here. I was told to open and close an estate in MD. Now I need to have my name placed on... View More
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answered on Sep 4, 2024
You need a MD attorney to determine heirship and prepare an Affidavit of Heirship, if he lived any MD more than a month or so. Then get a NC attorney to record the Affidavit (or do it yourself properly) to show the world you are the sole heir and owner. Taxes need to be paid in your name. If... View More
Raccoon family of 3 displaced and soiled insulation above a cathedral ceiling in my new house- an area not accessible from attic space. Home inspection (May 2) didn't report any raccoon damage. Closing date was May 29, followed by 1 week of contractor work, then I moved in and noticed the... View More
He has made a drain field (capital improvement (?)) in the area that would be on my property if the fence was moved. The fence has been in the wrong place for 15 years (at least).
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answered on Aug 30, 2024
Unfortunately you have probably acquiesced to the ascertainable boundary line. You can sue for ejectment, boundary dispute, trespass, etc., but the defendant may prevail. You will need a surveyor as your witness.
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answered on Aug 29, 2024
Hello and thanks for your question. The duration of a partition action in North Carolina can vary based on several procedural steps and statutory requirements. Initially, if the court determines that the petitioner is entitled to relief, it will appoint three disinterested commissioners who must... View More
I was contacted by this company that they had a buyer for my timeshare. They sent paperwork and said it was good until 8.26 and that a fee for deed paperwork was needed.
I purchased a home 1990. Granted my mother life rights 1992.
The specific wording on the North Carolina Warranty Deed is:
“GRANTORS convey to GRANTEE a Life Estate in the tract herein described.”
There are no liens on the property and no disputes.
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answered on Aug 21, 2024
You as the remainderman will probably be alright. But if the Government wants to lease it for the rest of her life, it is possible you will be out of possession for awhile. If so, you will have to sue for possession, ejectment, etc. at her death. Hire a NC attorney to consult with, but there... View More
Only 67k owed. Her name not on deed or mortgage. .Husband willing to work it out. Married in 2013 together for 20. Her home based income varies from 80k to 20k His income over 100k but best if long term alimony not used.
I have lived in in the house for 11 years, six of those caretaking my mother who had dementia before she passed.
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answered on Jun 18, 2024
Hire a competent NC attorney to search the title, determine heirship, and draft an Affidavit of Heirship to record. The heirs are tenants in common and each have a right of possession.
Me and my ex girlfriend bought a house together bout 4 years ago. We split up after 4 months. I'm the only one on mortgage and we're both on the deed. I have been paying all the bills including property tax. I have completely remodeled the house and looking to make money on it but I was... View More
answered on Jun 13, 2024
You have a very strong case and it would be worth paying a lawyer to get a judgment against her interest in the house before selling. But it would be simplest to get a signed agreement from her that she will only take a lesser amount.
Also one of them comes on to my property to attack my dogs threw my fence, which is 25 feet from my property line. I've talked to them and nothing has changed and the police haven't done anything also..Is there a way to sue them or the homeowners to put up a fence at the property line?
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answered on Jun 21, 2024
I understand you're dealing with a frustrating situation with your neighbors' dogs. Let me break down the legal aspects of your question:
1. Barking dogs:
Excessive dog barking can often be considered a nuisance under local noise ordinances. Since you've already... View More
area in which we have our home rented. The home is in NC. Our rental agreement states that the early termination fee is their monthly fee for an early termination with legal cause. Is orders on our end as the owners legal cause? Our PM is insisting we need to offer monetary incentives as well.
answered on May 29, 2024
I would have to read your contract to give a definitive answer, but likely not. The PM is probably correct in their advice to you.
It was mind brother trying to take mom got all timer and brother making decisions for her
answered on May 20, 2024
Your brother can only sell what he owns, so if someone is willing to buy his interest, he can sell it, but he cannot sell your portion. Since he is a part owner, your brother can get a court-ordered sale in which the whole property would be sold. You need to speak with a local attorney for further... View More
Can my husband have me arrested or even trespassed from the house and property that I own SOLELY and have owned since before the marriage? I would assume I can come and go as I please to my OWN house and property?… he just keeps threatening to have me arrested if I step foot on MY property? Is... View More
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answered on May 14, 2024
Is there an order from a Court preventing you from going there? If so then husband can have you held in contempt. If no, then he plans on setting you up for an arrest which gives him leverage. You may wish to sell the home, or file an action for possession against him. You must hire a NC... View More
She owned the house before she got married to the man, and they were only married for 3 weeks before separating. So the question is, if filing for absolute divorce, does she have to mention the house that she owns solely and has owned since before the marriage? It’s definitely separate property I... View More
answered on May 14, 2024
This is a question for her divorce attorney, but from a real estate perspective, yes, she is the sole owner of the house.
I purchased a building lot in a known subdivision from the developer of the subdivision in the City of WinstonSalem(North Carolina). After the contractor dug for the footing , the footing city inspector asked for a soil test. We hired a soil test engineer and we discovered the soil was not suitable... View More
answered on Jun 8, 2024
If the contract mentions nothing about soil, a question that might arise is why a test was not performed prior to planning foundation. One option could be to reach out to an attorney to discuss in further detail. Be prepared for questions to support your position that there was an issue of... View More
answered on May 7, 2024
From a real estate perspective, if you own the house, then yes, you have every right to use it. However, other factors may prevent you from doing this, such as court orders. I would advise speaking with a local attorney since this appears to be related to a divorce.
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