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North Carolina Real Estate Law Questions & Answers
1 Answer | Asked in Contracts, Real Estate Law, Appeals / Appellate Law and Elder Law for North Carolina on
Q: Can an owner with life rights remove a remaindermen who also has life rights

My father is a homeless veteran due to a consent judgment outside the original will.

Anthony M. Avery
Anthony M. Avery answered on Jul 21, 2021

A remainderman cannot also have a life estate. The interests merge and he would have the fee, although it occasionally may not be absolute and subject to other encumbrances or conditions. It is possible for others to have simultaneous life estates which encumber the other's fee. I suggest... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for North Carolina on
Q: I have been paying the taxes and maintenance for land for over 10 years straight. Can I seek full ownership?

I have been paying the taxes and maintenance for land for over 10 years straight. Land is currently owned by me, my mom, and brother. Legally I am 66.66 owner the remainder is split between my mom and brother. Can I seek fully ownership in the state of North Carolina since I have been fully paying... Read more »

Ben Corcoran
Ben Corcoran answered on Jul 12, 2021

No, but you can demand that your family pay their portion of the taxes going forward and ask for back taxes. If you do this they may be willing to sell/give you their interest in the land.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: My son e-signed a lease for an apt near college. Not going back. Never paid deposit. They wont let him out of lease.

Our financial situation changed. And can’t afford college. Is there any escape for him? They r going to report him to credit agency and make him liable for money. He has never lived in this apt- it was for August. By not giving a deposit-does it make the lease null?

Ben Corcoran
Ben Corcoran answered on Jul 7, 2021

They may file an eviction against him, which is supposed to hit his credit but doesn't always. But since he is no longer living there they may decide that he has abandoned the property and not sue him to evict. Without personal knowledge of the apartment and the lease, I can't offer more... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: My gf and I bought a house last July. We are both on the deed. I pay everything else and the only one on the mortgage.

If no compromise can be made and both want the house who gets it and what kind of lawyer do I have to go through?

Ben Corcoran
Ben Corcoran answered on Jun 22, 2021

You are both owners of the property, however, it sounds like you are no longer in the relationship. If neither party can agree to who gets the house then you will have to file a partition motion and ask that the property be sold. I would talk to a local attorney who specializes in real property or... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: We purchased our home in NC in 1996. At the time of purchase, the entire backyard was fenced in with a 6 ft stockade

A new neighbor moved in 3 weeks ago. He claims that the fence is encroaching on his property by 1.3' and would like us to remove it. We have lived here since 1996 and the fence was in place by the previous owners. In that time, 3 different people lived there over the course of 25 years and... Read more »

Ben Corcoran
Ben Corcoran answered on Jun 22, 2021

You would have to file an action for adverse possession, you would likely succeed given the facts that you stated. I recommend finding a local lawyer to assist you in this as it is a complicated matter.

1 Answer | Asked in Real Estate Law, Land Use & Zoning, Estate Planning and Probate for North Carolina on
Q: Person leaves land to 2 people. 1 of the people die and its inherited. Can 1 sign it to someone w/o both party's consent

My grandma left land in her will to my mother and her uncle. My mother died before I was 18 and left her portion to me. Someone got my uncle to transfer his name off the deed to them. They then filed it with the clerk and is now on the deed with me.. Is this legal? To be considered my uncle was... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 15, 2021

It appears that you are legally a tenant in common of a one half undivided interest with the others as tenants in common of equal interests adding up to one half. But was GrandMother's Will Probated? If not, then it had no effect, and her heirs own the property. Hire a competent attorney... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: what if a minor turns 18 while family is renting? I live in a apt complex and my son will be 18 in August

He is still in school. He is a senior now. My landlord told me when he turns 18 they need to run his credit etc to see if he qualifies to put him on the lease but he is already on the lease

Ben Corcoran
Ben Corcoran answered on Jun 11, 2021

I advise my landlord clients to put any person residing in the home over the age of 18 on the lease. I think this is what your landlord should do to protect themselves.

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: What happens in NC when a life estate holder outlives the remainder man listed on the life estate deed?

My grandmother and my father are listed on a life estate deed. The land in the life estate was to go to my father upon her death, but she outlived him. He died without a will. What happens to the land in the life estate since he died before her? He has a wife and 2 sons. His mother is still living.

Nina Whitehurst
Nina Whitehurst answered on Jun 4, 2021

The remainder interest is a part of your father’s probate estate. A probate case is needed to pass it to his heirs. Who inherits depends on whether or not he made a will and what his will said.

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: Family member flaccified documents that I allowed him to stay at house I own for free, used copy paper and my signature

This family member is on tourist visa and trying to stay in US... I did not sign anything and don't want them in my house. What should I do in this case? what statue applies? I am a US citizen and own house for 4 years.

Anthony M. Avery
Anthony M. Avery answered on Jun 1, 2021

Hire an attorney to prosecute an eviction action. It is doubtful that the occupant will want to present forged documents in Court. Even if he does, he has not paid rent, and the documents are probably irrelevant to possession.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for North Carolina on
Q: Do i have rights to stay on land?

My father passed away. I have a home in front of his and have been living here for 25 years. My stepmom still lives behind me in their home, and now the land is in her name. Can she make me move or do I have rights to part of the land that my home is setting on?

Ben Corcoran
Ben Corcoran answered on May 27, 2021

Without looking at the deeds, I cannot give you a definitive answer, but based on what you said, I suspect that you have no right to live on the property should your stepmother revoke permission.

1 Answer | Asked in Estate Planning, Real Estate Law, Elder Law and Probate for North Carolina on
Q: My Grandfather died in 2007, he was 92 yrs old. His step children took him to change his Will, shortly before his death

My Brother and I were his only Grandchildren. Our Father (his Son), was an only child, died in 1978.

His 1st Will had left his home to my brother and I, which had been that way his entire life!

He had a home, his 3rd wife had a home elsewhere. It was agreed, his property would go... Read more »

Nina Whitehurst
Nina Whitehurst answered on May 21, 2021

If the will the stepchildren obtained has been accepted by the probate court without challenge and if you were properly notified of the probate case at the time and given a copy of the will, chances are it is too late to contest it now. Contact a probate attorney in that county for a complete... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: My father died in 2018 and had a will. I am executor of the estate. I'm still paying the mortgage for the house.

How do I get the mortgage in my name?

Ben Corcoran
Ben Corcoran answered on May 17, 2021

Talk to the bank and get it refinanced into your name, unfortunately, this will cost some money but the bank will likely eventually force you to do this or pay it off fully.

2 Answers | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: I own 1% of my father's house for tax purposes upon death. He wants to transfer house to me now.

Is this allowed? Is there a certain number of years that have to pass for this to be legal and the nursing home not get to claim his house?

Nina Whitehurst
Nina Whitehurst answered on May 12, 2021

Yes, that is legal but it is either a good idea if done right or a disastrous idea if done wrong. If you try to do this yourself you will most likely do this the wrong way if you yourself are not an experienced elder law attorney.

Regardless of how you accomplish the transfer, this will...
Read more »

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1 Answer | Asked in Real Estate Law for North Carolina on
Q: If a tree on your property falls on someones house are you responsible?
Ben Corcoran
Ben Corcoran answered on May 12, 2021

You are generally only liable if you had prior knowledge that the tree was in danger of falling. This could be knowing that it was dead or leaning. If it was a perfectly healthy tree that a storm knocked down, then generally no, you are not liable.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I was over my mothers finances while she was alive. Sold her house in july 2015. She died in oct if 2020. Signed money

To me. Does my siblings have any claim on the money. Will says estate to be divided between us kids. In the state if ohio

Ben Corcoran
Ben Corcoran answered on May 12, 2021

If your mother died in Ohio, then Ohio law controls and this board would not be able to answer your question unless someone on here is licensed in both states.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Does the Sellers Obligation to remove all property before closing on house include tenants property?

Currently under contract to buy a house. It is occupied by a renter (tenant). Concerned that we do not have a legally binding guarantee that the renter will vacate the property by closing. There is a clause in our contract about the sellers obligation to remove all personal property from the... Read more »

Ben Corcoran
Ben Corcoran answered on May 12, 2021

When you purchase a property, generally, you take it subject to any lease on the property. I would have to read your contract to tell you specifics. The seller may not be able to evict the tenant at this time due to their existing lease.

1 Answer | Asked in Real Estate Law and Collections for North Carolina on
Q: Does a judgment HAVE to remain in court records for 10 years in NC?

I had a lien on my property associated with a judgment. The lien was satisfied but the judgment remains in the court records. It expires in 5 months. Is there any way to have it removed immediately, or does it have to expire. The creditor said they will NOT extend the judgement.

Lynn Ellen Coleman
Lynn Ellen Coleman answered on May 10, 2021

If you paid the judgment directly to the creditor, send them a letter (use certified mail or priority mail so you have proof of delivery and save a copy of your letter) demanding that they advise the Clerk of Court about the payments you made and advise the Clerk that the judgment is fully... Read more »

2 Answers | Asked in Real Estate Law for North Carolina on
Q: Do I need an attorney to force a land sale co-owned by me and 3 siblings in North Carolina.

.363 a. Carteret County, NC, house $10,669, land value $246,017. 4 siblings inherited land from their parents. The 4 live in Moore County, NC. No one lives in house. It has been damaged over the years by storms as it is located on Bogue Sound.

Anthony M. Avery
Anthony M. Avery answered on May 10, 2021

I recommend a competent attorney to prosecute a Sale For Partition Action as soon as possible. Such a Case is usually complex and there is no room for error.

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1 Answer | Asked in Real Estate Law for North Carolina on
Q: I am a part owner of a property that is owned through a trust and I was told by one of the other co-owners

That I need to vacate by 5/31/21.

Said that if we don’t leave they will take legal actions to have me removed.

Is this legal?

Ben Corcoran
Ben Corcoran answered on May 10, 2021

Without being able to read your trust documents I can't tell you what your options are. My advice is that you take a copy of the trust documents to a local lawyer and have them review them. Generally, a part-owner is not allowed to evict another part-owner, however, since the owner is actually... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: If a person wanted to apply for a lease but didn't make the minimum income requirement, what could they do?

What would the consequences be for lying about their income to qualify for a place to live, as long as they didn't miss any rent payments going forward. In this situation they don't have any beneficiary that could co-sign the lease.

Ben Corcoran
Ben Corcoran answered on May 6, 2021

Probably the worst that could happen is that the misrepresentation is a breach of the lease and they can be evicted. From there it depends on the lease terms, potentially having to pay court costs and attorney fees.

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