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North Carolina Real Estate Law Questions & Answers
0 Answers | Asked in Landlord - Tenant, Contracts and Real Estate Law for North Carolina on
Q: Can landlord enforce lease for full term if we buy a home?

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

0 Answers | Asked in Landlord - Tenant, Contracts and Real Estate Law for North Carolina on
Q: Blank notice period on lease's early termination clause—can landlord enforce 60-day notice?

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

0 Answers | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: How can I legally evict family from property transferred to me in NC?

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

0 Answers | Asked in Divorce, Real Estate Law and Family Law for North Carolina on
Q: Can a real estate issue post-divorce be settled unilaterally in NC court?

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

0 Answers | Asked in Landlord - Tenant, Gov & Administrative Law and Real Estate Law for North Carolina on
Q: Help needed with landlord taking me back to court after security deposit returned.

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

0 Answers | Asked in Construction Law, Civil Litigation and Real Estate Law for North Carolina on
Q: Can I sue my builder for faulty roof construction damages?

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

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Is it illegal to live in a house without being on the deed or mortgage if paying rent?

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

Anthony M. Avery
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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.

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for North Carolina on
Q: Can life estate rights be signed over if not yet inherited?

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?

Anthony M. Avery
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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

0 Answers | Asked in Divorce, Family Law and Real Estate Law for North Carolina on
Q: Do I have any legal claim to house equity post-divorce in NC?

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

0 Answers | Asked in Real Estate Law, Business Law and Insurance Defense for North Carolina on
Q: Can creditors take my house if my son defaults on his new home's payments?

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

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.

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

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