Get free answers to your Real Estate Law legal questions from lawyers in your area.
I recently found a home to purchase and informed my landlord on March 25, 2025, through text and verbal conversations, followed by an official notice on March 30, 2025, about my intent to terminate my lease early. The lease, which ends on December 31, 2025, lacks an early termination clause but... View More
I have a lease agreement with a separate clause for early termination, but the section for the notice period is left blank. My landlord insists that I must provide 60 days notice to terminate the lease early, referencing a different clause requiring 60 days for renewal. However, I believe the blank... View More
My parents are signing over the deed to one of their homes to me. Currently, my niece, her boyfriend, and their children live there without a rental agreement and have not been paying rent or utility bills, despite my parents' requests. My parents have notified them via text that they must... View More
I divorced on May 9, 2023, and we have one real estate property in Huntersville that wasn't included in the settlement. The house is currently vacant and waiting for sale. We haven't reached an agreement on this asset. Can this issue be settled unilaterally in court, and are there any... View More
I moved out of a rental property after the city condemned it due to it being a hazardous structure. I was initially awarded my security deposit back, but the landlord hired a judge/lawyer and took me back to court. They claimed the eviction was because the landlord didn't receive proper notice... View More
I want to know if I can sue my builder for damages from a faulty roof construction on my 5-year-old home. The roof had incorrect underlayment installed for a metal roof, leading to rotted wood and ceiling water damage in two locations. The warranty states 1 year for cosmetic issues and 7 years for... View More
My wife and I have been living in a house along with her sister-in-law, who is on the mortgage. Since December of last year, she has moved out of state and refused to change the mortgage despite our discussions via phone and text messages. Is it illegal for me to live in the house without being on... View More

answered on Mar 25, 2025
It is not illegal for you to live there. However the lender will probably not agree to release any maker on the note until it is paid off or refinanced.
Can my husband, who was named in his grandfather's will to inherit land upon his mother's passing, legally sign over life estate rights to someone else before actually inheriting the land from his mother?

answered on Mar 25, 2025
If the Will was probated then apparently he is vested with a life estate after his Mother dies. But you need a NC lawyer to examine this closely, and search the title, as the Estates, especially contingent future interests, may not be as you think. So if his Estate is as you state, he can... View More
I am preparing for a divorce after 17 years of marriage. My wife and I decided to separate last June, with the divorce upcoming in a few months. She initiated the conversation about divorce while I was involuntarily unemployed and severely depressed. She bought the house we lived in before we met... View More
I added my son's name to the deed of my home in Gastonia, NC, with the provision that he inherits it upon my death. The house is fully paid off, with no liens or claims. My son is now purchasing a new home in another state, and his real estate agent requested a declaration of insurance for my... View More
My father and uncle are the sole survivors of my grandparents' estate. My uncle continued to live in the home after my grandparents passed away, but he died a couple of years ago. Since my husband's death, I have been residing in the home. My father said he wants to quitclaim deed the... View More

answered on Mar 17, 2025
Hire a NC attorney to search the title, determine heirship and draft a Deed from the heirs over to you individually.
My husband owns a property in North Carolina where his step-dad holds a life estate. When my husband's mother passed away, his step-dad took over the house and allowed a friend to live there rent-free for years. The house has now been vacant for over a year, and it's falling into... View More
My siblings and I are selling my mother's house in North Carolina, and we plan to split the proceeds. Will any money I receive be withheld to pay my personal debts, such as a car repossession and a loan that appear on my credit report?

answered on Mar 13, 2025
There is a good chance that your share will be used to payoff any judgment liens against your interest of record. Then you covey free and clear of encumbrances which is a covenant of title.
I bought a home in North Carolina two years ago, and the previous owner assured us there were no issues with the septic tank. However, upon selling the home, the new buyers' inspection revealed major septic system issues. We did not have a septic inspection during our purchase because our... View More
I want to start an RV park on land that I acquired upon the death of the holder of a life estate. The land currently has no structures on it. However, someone has recently destroyed about 2 acres of it without my permission. I have photographs documenting the damage and I know who is responsible.... View More
I was injured on a private property and had to undergo surgery. I hired a lawyer and obtained a judgment in my favor in early September 2024. Shortly after, the property was sold at the end of September 2024. We filed a writ of execution and attached the owner's bank account, but the funds... View More

answered on Feb 25, 2025
Your lawyer (or another lawyer if yours is not interested in pursuing the matter) needs to pursue "Supplemental Proceedings In Aid of Execution" and have the owner of the company set up for questioning about the extent and location of assets, any pending sales, income, and so forth. These... View More
I have lived in my current home for over a year, and my neighbors have recently claimed that my driveway is entirely on their property, based on a survey they conducted. They have not shared the survey details with me. The driveway has been in place and used by the previous owner of my home for... View More

answered on Feb 24, 2025
You might own a prescriptive use easement. But it will take a declaratory judgment action in Court to enter such an order. It might be easier to hire a NC lawyer to offer a purchase of a joint easement with recordation against both adjacent properties than litigate.
The property was inherited from their parents.

answered on Feb 2, 2025
You will need to hire a NC attorney to search the title and determine ownership. You might own it in fee or only be an heir.
Real Estate Partnership formed to own and manage our medical building. I moved to another state, but did not require immediate re-fi to buy me out…We have just completed a very favorable mortgage and fixed rate LOC package 6 months earlier. I never, ever thought they would behave in such a way as... View More

answered on Jan 31, 2025
Michael, I recommend you hire an attorney. This is a very complex and serious matter. This forum is for general questions.

answered on Jan 29, 2025
If she has no will, when she dies $120K will to to him plus 1/3 of the remainder. The other remainder to her children. If she has a will, then it will be followed, but a spouse cannot be disinherited under NC law unless a Spousal Waiver has been entered into. In that case, the spousal right depends... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.