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North Carolina Real Estate Law Questions & Answers
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: 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: 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: 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: 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.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: We have a summary judgement against us because our contractor didn’t pay his subs even though we paid him.

We have proof that we paid our contractor for the services.

Anthony M. Avery
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answered on Oct 8, 2024

If the summary judgment has already been entered, you must immediately hire a NC attorney to file a Rule 59 Motion, or some other Motions, to try to keep the house. Claiming exemptions or filing bankruptcy may be necessary.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Greetings, My mother 98yrs. is the only survivor of the siblings. Her deceased mother, was the owner of the land. There

are no will or papers for the land in Yauco, P.R however, there is only a document signed by lawyer with my moms signature on it. My mother currently lives in NYC. Can she still claim the land as the only heir?

Anthony M. Avery
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answered on Sep 24, 2024

You will need to hire a PR attorney. Start checking with those here on Justia.

2 Answers | Asked in Banking, Estate Planning, Real Estate Law and Tax Law for North Carolina on
Q: Is there a certain age that you have to be in order to buy and invest real estate?

I am 13 and looking to get into real estate to make a steady income but don't know we're to start or if I can get into investing in property's right now or if I have to wait.

Shane T. Johnson
Shane T. Johnson
answered on Sep 21, 2024

There is no age requirement for owning property in NC. To enter a binding contract to purchase or sell property, the minimum age requirement is 18. Similarly, banks require you to be 18 to sign a mortgage, again, because it is a contract.

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1 Answer | Asked in Real Estate Law for North Carolina on
Q: My neighbor has a fence 15 ft inside the property line on my side. can i ask him to move the fence?

He has made a drain field (capital improvement (?)) in the area that would be on my property if the fence was moved. The fence has been in the wrong place for 15 years (at least).

Anthony M. Avery
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answered on Aug 30, 2024

Unfortunately you have probably acquiesced to the ascertainable boundary line. You can sue for ejectment, boundary dispute, trespass, etc., but the defendant may prevail. You will need a surveyor as your witness.

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.

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
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 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
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 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
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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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
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 Real Estate Law for North Carolina on
Q: HOA responsibility or Owner?

Under the HOA Declaration/Covenants/Bylaws an HOA is responsible for maintenance, repair and replacement of roofing. An owner is responsible for the walls inside their unit (Sheetrock, Paint etc). It rains and the roof leaks and the leak damages the drywall. It needs to be replaced and... View More

Ben Corcoran
Ben Corcoran
answered on Apr 17, 2024

I can't render a legal opinion on this without a full review of the bylaws and covenants, but your logic is sound.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: How do I get a title to a mobile home when one of the sellers on the title is deceased?

The living seller had the title notarized that he had a copy of her death certificate. DMV said I needed to have her sign the title. She died in 2007.

John Michael Frick
John Michael Frick
answered on Apr 11, 2024

You will need proof that the deceased seller left their interest in the mobile home to the living seller. Such proof might come in the form of a right of survivorship, or a probated will, or a declaration of heirship, etc.

1 Answer | Asked in Divorce, Family Law and Real Estate Law for North Carolina on
Q: I want to sell my house and am married. I have tried serving divorce papers on my spouse several times and can't locate

The service took place several years ago and I cannot locate my spouse (somewhere in NY, I think)

Anthony M. Avery
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answered on Apr 9, 2024

You may need to hire a NC attorney to file a Partition Action. The other owner's money might be held by the

Court until he claims it, and withdraws it by Order of the Court.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I have a real estate deal for over a year. Can I sue for money plus loss of potential revenue from her.

We have contracts in place and she hasn’t done anything to the project for over a year. I’ve requested my money back but she keeps avoiding me telling me she’s busy and she’ll get to it later on. Am I able to sue her for my money back plus the potential loss of revenue and my time being... View More

Ben Corcoran
Ben Corcoran
answered on Apr 1, 2024

I would have to review the contracts to advise you on your options, but I suspect that you have a case to force her to do something. Please get in touch with an attorney and have them review your contract.

Typically, you cannot get reimbursed for "sweat equity," but you should have other options.

2 Answers | Asked in Real Estate Law for North Carolina on
Q: Mother and daughter own a parcel of land. The daughter passed away. Would her kids inherit the daughters 50% share?

Mother and her daughter had joint ownership of a parcel of land in Swain County,NC. The deed states Daughters name "AND" the Mothers name as owners. The Daughter as passed away but has children. Would the Daughters 50% portion of the land ownership automatically go to her living children... View More

Anthony M. Avery
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answered on Mar 30, 2024

You have not stated the exact granting and habendum clauses, and have not searched the title. But assuming only what you stated, the Daughter's issue take her issue as tenants in common with the Mother. Have a NC check the title to determine ownership and encumbrances.

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