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My Ex and I split up and put 24 acres in his name. The Lawyer wrote a promissory note stating that he would pay me 25% of the proceeds when sold. At the time we already had an offer on the land. He found that the IRS put a lean on land once it went in his name and he decided not to sell it.... View More 
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answered on Oct 26, 2021
If there is sufficient equity, hire an attorney to file an action for a Sale For Partition.
He has paid rent the last two years. We told him last November that his deadline was August 2021. He hasn't left yet. We live in Florida.
answered on Oct 18, 2021
You are going to have to file a motion for summary ejectment, and one of you is going to have to come up to NC for the court date.
My use of the 200 foot road involved all types of farm operations and required easy/safe access to the property. My deeded ROW opens directly to a major highway that is dangerous to all vehicles. My use of the 200 foot road has not been challenged in all these years. My neighbor wants to sell... View More
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answered on Oct 11, 2021
You may need to hire an attorney to file a Declaratory Judgment Action to establish an Easement by Prescription. The new owner may cut you off. You will need to put together a list of Witnesses, and title searches of both properties will help.
Would having a lease agreement between us make it possible for me to remain here for the period of time of the agreement? My concern is being asked to move immediately.
answered on Oct 10, 2021
A life estate means he has rights during his lifetime. If he were to pass away, you don't have a life estate too. You may want to get a written agreement with the home owner, like an option to enter into a lease agreement if your husband dies.
My father died 08/2018. He left behind a home that was not well taken care of. He owed money on it, and i paid what i could on it from his bank account, but once that ran out, my sister and I paid it off. We have not tried to sell previously because our disabled brother was living there and had... View More
answered on Sep 29, 2021
It sounds like you and your siblings can agree to sell the house and divide the profits from the sale as you see fit. My guess is also that your role as executor has been completed but I do not know that for certain.
answered on Sep 29, 2021
This is the NC board, you will get a quicker answer posting this on the SC board. Most of the NC lawyers cannot answer your question.
answered on Sep 8, 2021
If a landlord cuts off the water it would likely be considered placing the property in an imminently dangerous condition and would likely be a breach of the landlord's statutory duties.
A rotten tree fell on our house from the wooded lot adjoining our property. Since the damage was minimal, a little over $400, we did not make a claim with our insurance company and paid for the tree removal and gutter repair out of pocket. Can we receive compensation from the owner of the property... View More
answered on Aug 17, 2021
Depends on whether or not the owner of the land had actual knowledge of the rotten tree. In NC you are only responsible for a tree falling if you knew that there was a likelihood of it falling, for example, it was leaning or rotten.
If I decide to sell do I need to update the deed first to just list my name? There is no mortgage.
answered on Aug 5, 2021
Without seeing the deed, my suspicion is that the property passed automatically to you upon his passing. If you want to you can update the deed, however, it is not necessary.
Additionally I advise you to fully probate your late husband's will or if he didn't have one go through... View More
Four months ago the house burned down and he was killed. The fire Dept ruled it an accident but an autopsy was performed and I had to give DNA to identify his body.
He is still in the morgue and the Medical Examiner has said it could take up to a year to get the report and death... View More
answered on Aug 2, 2021
Not likely without a death certificate, ownership is presumed to still be in both names.
My father is a homeless veteran due to a consent judgment outside the original will.
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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... View More
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... View More
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.
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?
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... View More
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?
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... View More
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... View More
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.
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... View More
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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... View More
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
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.
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.
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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.
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.
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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.
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?
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.
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