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North Carolina Real Estate Law Questions & Answers
1 Answer | Asked in Probate and Real Estate Law for North Carolina on
Q: How to transfer a house deed from grandparents to me in NC?

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

Anthony M. Avery
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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.

0 Answers | Asked in Real Estate Law, Civil Litigation and Probate for North Carolina on
Q: Life estate holder refuses to sign over property, house vacant and deteriorating, tax issues.

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

1 Answer | Asked in Real Estate Law and Collections for North Carolina on
Q: Will house sale proceeds be withheld to pay personal debts?

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?

Anthony M. Avery
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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.

0 Answers | Asked in Business Law, Real Estate Law, Civil Litigation and Legal Malpractice for North Carolina on
Q: What recourse do I have for nondisclosure and misleading advice on a faulty septic system during home purchase?

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

Q: Guidance on starting RV park and addressing land damage in NC

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

1 Answer | Asked in Civil Litigation, Real Estate Law and Collections for North Carolina on
Q: Injury on private property, judgment not paid, property sold. Next steps?

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

Lynn Ellen Coleman
Lynn Ellen Coleman
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

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Neighbors claim my driveway is on their property; can I argue adverse possession?

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

Anthony M. Avery
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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.

0 Answers | Asked in Contracts and Real Estate Law for North Carolina on
Q: Who pays for power of attorney when selling home as divorced couple?

I am obligated to pay for closing costs when my ex-wife and I sell our home outside the country. She claims I should pay for her power of attorney because she won't fly in to sign at closing. I believe this responsibility is hers and not part of closing costs. Our agreement only states I must... View More

0 Answers | Asked in Real Estate Law and Civil Litigation for North Carolina on
Q: Seeking advice on undisclosed house additions with issues in NC.

I recently purchased a house in North Carolina about nine months ago, and I've discovered that there are additions to the house that were not disclosed. These additions have foundation issues, lack crawl space access, and I’m unsure if they are permitted. I have not spoken to the seller or... View More

Q: How can I assert my heir rights to family patents, trademarks, and land?

I recently discovered that my great-grandparents had patents, trademarks, and owned over 160 acres of land across 31 states, as per wills, pensions, probate, and land records I have. The inheritance documents state that these assets should be left to all heirs to have and to hold together forever.... View More

1 Answer | Asked in Real Estate Law for North Carolina on
Q: If my SIL signed over property to my husband 20 years ago, and my husband dies am I under any obligation to give it back

The property was inherited from their parents.

Anthony M. Avery
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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.

1 Answer | Asked in Banking, Civil Litigation, Contracts and Real Estate Law for North Carolina on
Q: unknown to me, my partners in a real estate partnership falsely claimed I sold my interest to them for $1, sold building

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

Shane T. Johnson
Shane T. Johnson
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.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: My mother remarried about 10 years ago and my step father had no children who does property goto?
Shane T. Johnson
Shane T. Johnson
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

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.

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.

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