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North Carolina Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law, Construction Law and Land Use & Zoning for North Carolina on
Q: I built a $ 50,000 garage on property my wife's mom gave her. I was given permission By both now I've been evicted

I lived in the house on the property with my wife for 7 years with the garage on same property. The land stayed in her mother's name but all was in agreement that the land was hers and mine. I put a roof heating and air system and several other things in the house and paid for all of it... View More

0 Answers | Asked in Real Estate Law for North Carolina on
Q: We need a lawyer who can submit an appeal for part of Durham County taxes from 1991 (they have an incorrect sq footage

We bought our house in 1991. The County of Durham listed the living area of the house as 4117 square feet. Recently, we applied for a reverse mortgage on the house; at that time, the appraisal indicated that the living space in our house was 3355 square feet. In other words, we have been paying... View More

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for North Carolina on
Q: The question is, do they have any grounds for him to change his mind? - also he is mentally sound just not physically

My grandmother passed away and had a notarized will leaving everything to me. My grandfather is in a nursing home and is aware of the will and the reasoning behind it. He agreed to deed the house to me, we had the same notary come to the nursing home with all necessary paperwork and he signed. The... View More

Anthony M. Avery
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answered on Dec 30, 2024

There may be grounds to set aside the Deed but you probably will not know until sued. Was GM's Will probated? If not, it means nothing. Hire a NC to search the title and determine the present estate, which will be scrutinized if you are sued. Do not hire notaries to draft deeds.

0 Answers | Asked in Real Estate Law for North Carolina on
Q: The question is, do they have any grounds for him to change his mind? - also he is mentally sound just not physically

My grandmother passed away and had a notarized will leaving everything to me. My grandfather is in a nursing home and is aware of the will and the reasoning behind it. He agreed to deed the house to me, we had the same notary come to the nursing home with all necessary paperwork and he signed. The... View More

0 Answers | Asked in Criminal Law, Real Estate Law, Landlord - Tenant and Small Claims for North Carolina on
Q: If someone enters my house with a key, takes an damages stuff an ran up an electric bill but I have no tangible proof

I asked for key to be returned in Oct via police, but was given wrong key. And I didn't want to have landlord change locks so I didn't mention it to them. But I was gone about 3.5 weeks to return an pack my stuff an it was missing as well as damaged stuff. Law enforcement said it... View More

1 Answer | Asked in Real Estate Law for North Carolina on
Q: neighbor changes water flow on property causing damage next door
Anthony M. Avery
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answered on Dec 16, 2024

That will be a property tort action. You will need an attorney and some type of expert witness as to causation and damages. It will be expensive and difficult. Be certain of your tortious defendant, or at least sue all interested parties.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Im the seller. The buyer and me have the same attorney. The closing day was nov 26, this date has come and gone. NC
Shane T. Johnson
Shane T. Johnson
answered on Dec 3, 2024

What are you asking? I'd contact the closing attorney and find out what is going on.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Legal ramifications of purchasing a house that has an unpermitted addition.

I am looking to make an offer on a house in Alamance County, NC. The house has a sizable addition that is only half built. That is, the addition still needs all the finishing work completed, i.e., insulation, drywall, flooring, trim, painting, and HVAC including duct work.

I am... View More

Shane T. Johnson
Shane T. Johnson
answered on Nov 26, 2024

1. You would become liable for any resulting injuries or harm due to the code violations, and the work done without a permit. Further, you may be subject to inspection and requirement to correct by the governing bodies.

2. It may be difficult to sell the house. Your liabilities may extend...
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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: Am I entitled to any assets or does it go to her heirs?

My father died without a will and his wife(StepMom) passed 3 years later. The Deed states that it was Joint Tenancy with Rights of Survivorship.

Shane T. Johnson
Shane T. Johnson
answered on Nov 18, 2024

When property is purchased by a married couple in NC, it is assumed they own it as Tenants by the Entirety. Based on your representations, it would appear that when your father died, the property would pass to his surviving wife. When she died, it would go to her heirs, and you would not inherit.

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1 Answer | Asked in Real Estate Law for North Carolina on
Q: Hello. Regarding our timeshare. We bought it cash over 20 years ago. We owe nothing on it. We no longer want it.

We no longer wish to continue paying the annual maintenance fee and membership dues. Time share cancellation companies cost too much to bother with. Can we simply stop paying the annual fee and dues without serious legal ramifications? Please advise ASAP? Thank you.

Shane T. Johnson
Shane T. Johnson
answered on Dec 3, 2024

My assumption is that the contract that you have entered into is valid. Review the document to see if there are any cancellation provisions. If so, that may give you a way out or some severance agreement/process. Call the company and see if they have a way out. If not, you are bound to the... View More

1 Answer | Asked in Real Estate Law for North Carolina on
Q: My Grandfather left a property to his 3 adult children. The property is still titled in his name.

One child is still living. One child is now deceased with one heir. The other child is deceased with 3 heirs. How is the property ownership allocated today?

Anthony M. Avery
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answered on Nov 15, 2024

3/6, 1/6, 1/6, 1/6 If GF had a surviving spouse, then heirship will be different.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: We have a summary judgement against us because our contractor didn’t pay his subs even though we paid him.

We have proof that we paid our contractor for the services.

Anthony M. Avery
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answered on Oct 8, 2024

If the summary judgment has already been entered, you must immediately hire a NC attorney to file a Rule 59 Motion, or some other Motions, to try to keep the house. Claiming exemptions or filing bankruptcy may be necessary.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Neighbor stopped sale of our home claiming it is on her property. We have a surveyor coming to survey property

Can we claim rights to part of property we have kept up if in fact it is on her land? Can we sue for cost of having to take house off market?

Anthony M. Avery
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answered on Oct 2, 2024

Hire a NC attorney to search both titles. Hire Surveyor to give his opinion of boundary line corners. Then you may need to file a Boundary Dispute action unless you and the other landowner can agree to a recorded boundary agreement. It does not sound like damages can be sought.

1 Answer | Asked in Real Estate Law and Small Claims for North Carolina on
Q: Hi, can i get a temp accommodation while my builder is fixing a water leak under warranty on a new home i bought

Hi, i bought a new house from a builder, after 2 months we noticed there was a leak in the kitchen with no visible signs from day one, which caused significant damage to the home( upto the floor joist, sub floor with mold all over ) so while they were fixing we moved out and rented a temp... View More

Tim Akpinar
Tim Akpinar
answered on Oct 16, 2024

A North Carolina attorney could advise best, but your question remains open for almost a month. It could depend on what the warranty outlines in its protections and remedies, and an impartial opinion as to the hazard presented by the water damage. An option that might be worth exploring is whether... View More

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Greetings, My mother 98yrs. is the only survivor of the siblings. Her deceased mother, was the owner of the land. There

are no will or papers for the land in Yauco, P.R however, there is only a document signed by lawyer with my moms signature on it. My mother currently lives in NYC. Can she still claim the land as the only heir?

Anthony M. Avery
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answered on Sep 24, 2024

You will need to hire a PR attorney. Start checking with those here on Justia.

2 Answers | Asked in Banking, Estate Planning, Real Estate Law and Tax Law for North Carolina on
Q: Is there a certain age that you have to be in order to buy and invest real estate?

I am 13 and looking to get into real estate to make a steady income but don't know we're to start or if I can get into investing in property's right now or if I have to wait.

Shane T. Johnson
Shane T. Johnson
answered on Sep 21, 2024

There is no age requirement for owning property in NC. To enter a binding contract to purchase or sell property, the minimum age requirement is 18. Similarly, banks require you to be 18 to sign a mortgage, again, because it is a contract.

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1 Answer | Asked in Real Estate Law for North Carolina on
Q: Do I need a Real Estate Lawyer to change my deceased grandfathers property to my name? I am his only living relative.

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

Anthony M. Avery
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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

1 Answer | Asked in Real Estate Law for North Carolina on
Q: My neighbor has a fence 15 ft inside the property line on my side. can i ask him to move the fence?

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).

Anthony M. Avery
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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.

3 Answers | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: How long does it take for partition action after being filed?
M. Bryan King
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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

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