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North Carolina Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law for North Carolina on
Q: My driveway was built off my property by the builder, what can I do?

I purchased a new construction two years ago in November. Our new neighbors were having a survey done to determine the property line and found out that our driveway was built over our property line onto theirs. We were never told of the exact property lines and now feel lied to about the actual... View More

0 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for North Carolina on
Q: Do I have to sign a Guarantee Amendment?

I signed a lease earlier this year for an office space with a property owner. There have been several red flags since I started working with them. Recently, they have decided to stop communicating with me and have hired a property management company to handle our interactions. The property... View More

0 Answers | Asked in Real Estate Law for North Carolina on
Q: Can I move a 1980 model single wide trailer in edgecombe county no?

The trailer has been sitting on the present lot since the mid 90s

0 Answers | Asked in Real Estate Law and Construction Law for North Carolina on
Q: Can I move a 1980 model single wide trailer in edgecombe county no?

The trailer has been sitting on the present lot since the mid 90s

1 Answer | Asked in Real Estate Law for North Carolina on
Q: My three siblings and I each own 25% of my mother’s house since her passing in 2/24. Can they kick me out?

I have lived in in the house for 11 years, six of those caretaking my mother who had dementia before she passed.

Anthony M. Avery
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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.

2 Answers | Asked in Civil Litigation, Real Estate Law and Civil Rights for North Carolina on
Q: Me and ex girlfriend on deed of house. Bout to sell and she wants 50 percent profit

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

Ben Corcoran
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Ben Corcoran
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.

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1 Answer | Asked in Real Estate Law, Animal / Dog Law and Civil Rights for North Carolina on
Q: My neighbors are renters and they have three dogs outside that are always barking anytime I'm in my yard.

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?

James L. Arrasmith
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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...
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1 Answer | Asked in Real Estate Law for North Carolina on
Q: I have a question about early termination of a rental agreement. We are the owners and just received PCS orders back to

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.

Ben Corcoran
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Ben Corcoran
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.

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: I live on acre land for 12 years it's in my and brother name now brother trying to sell is he allowed too I verbaly told

It was mind brother trying to take mom got all timer and brother making decisions for her

Ben Corcoran
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Ben Corcoran
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

1 Answer | Asked in Divorce, Real Estate Law and Family Law for North Carolina on
Q: If I solely own my house and land that my house sits on and have owned it before I got married

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

Anthony M. Avery
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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

1 Answer | Asked in Divorce and Real Estate Law for North Carolina on
Q: My girl friend is trying to file for an absolute divorce against her ex in NC, does she have to mention the house?

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

Ben Corcoran
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Ben Corcoran
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.

2 Answers | Asked in Real Estate Law, Civil Litigation and Construction Law for North Carolina on
Q: Can I sue the developer that sold me a building lot with poor soil?

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

Tim Akpinar
Tim Akpinar
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

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2 Answers | Asked in Divorce, Family Law and Real Estate Law for North Carolina on
Q: Can I enter my house as I wish, if I own the house and have owned the house long before my marriage.
Ben Corcoran
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Ben Corcoran
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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2 Answers | Asked in Real Estate Law for North Carolina on
Q: H&w own home joint tenets by the entirety. Wife solely has judgment. Can title pass?

Wife bought house individually, but they were married. Several years later they executed a quit claim deed transferring title to joint tenets by the entirety; now, roughly 10 years after the quit claim deed they are selling. This Judgement is new. In order for new buyers to secure title insurance;... View More

Delaram Keshvarian
Delaram Keshvarian
answered on May 6, 2024

Thank you for asking the question!

Title insurance guarantee the title against the future claims (after the title is obtained). So, existing liens or claims are not guaranteed by title insurance. But, it happens that an existing lien or judgement can create future claims over title. In that...
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1 Answer | Asked in Foreclosure and Real Estate Law for North Carolina on
Q: I need to foreclose on a home mortgage I hold. I hope to get a deed in lieu of rather than have them go through the for

closure process. The deed says that the trustee will get a 5% commission on the proceeds of a foreclosure sale. What will he be entitled to if I do get the deed in lieu of?

Ben Corcoran
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Ben Corcoran
answered on May 3, 2024

By doing a deed in lieu, you are releasing your lien and will have to file a release with the register of deeds.

No foreclosure proceedings will commence, so the trustee will not be compensated.

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: My uncle died 4 years ago. Everything went to his only child. 2 years ago, the child died. The uncle had a will, however

It was never filed and the estate was never settled. Uncle had no debt. The son ( deceased heir) has outstanding income tax debt. The son’s criminal attorney has uncles will and refuses to release it to family. My mother and aunt (uncles sisters) are now closest living relatives and heirs to my... View More

Anthony M. Avery
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answered on Apr 30, 2024

Hire a NC attorney to probate Uncle's Estate. With Letters of Administration, you will be able to demand the will document, which then is administered by the Executor. You still might be the Administrator with Will Annexed. However the devise might not go to you, and you might be only... View More

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