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North Carolina Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Land Use & Zoning for North Carolina on
Q: I've had 2 vehicles in my yard for over a month. 1 does not run and doesn't have rear tires.

Is it legal or possible in NC to take ownership of vehicle so repairs can be made? The vehicles also need to be inspected, have insurance put on them, and tags and registration.

Ben Corcoran
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Ben Corcoran
answered on Jul 3, 2023

You can apply for an abandoned vehicle title, this is done either by filling out the form found online or going to your local DMV office. It will take some time but is possible.

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: Builder did not disclose that new HOA mgmt co would charge us fees for submitting requests, says unaware. Is this legal?

When we signed our contract there was nothing in there about additional HOA fees charged by management companies for submitting requests. We were only told about dues and other fees. Now they have handed it over to mgmt co who charges for requests and when I emailed the builder they said they... View More

Ben Corcoran
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Ben Corcoran
answered on Jun 29, 2023

I would advise that the HOA hire an attorney to review the situation. There are too many unknown facts to be able to give you the answers you are looking for.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: What is the Inheritance tax on real property laws in Puerto Rico for non residents?

I inherited a house in Puerto Rico from my mom after her passing. She was a resident of PR but I am not. What % do I have to pay for taxes? Is that percent on the net gains?

Can I reduce the tax by including improvements and mortgage payments that I made after her death?

Thank you!

Nancy

Ben Corcoran
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Ben Corcoran
answered on Jun 27, 2023

While there are probably some attorneys barred in NC and Puerto Rico, there are not many. You will get much better advice posting this on the Puerto Rico portion of this page if one exists.

1 Answer | Asked in Real Estate Law, Family Law and Adoption for North Carolina on
Q: I was adopted and my adopted parents are now both deceased am I entitled to the home and land

My adopted dad signed over the house and land to my sister which was his biological child and she didn't even tell me that my dad passed away and she told family it was because she didn't want to have to go through anything with me for the home and land is there anything I can do

Ben Corcoran
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Ben Corcoran
answered on Jun 22, 2023

If your dad was of sound mind when he did this, then there is little you can do. If it was done using a power of attorney, then the transfer is presumed void. You should probably pay for a consultation with an attorney to see what they think of this before proceeding.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: My mother passed away before making a will. She has house & land in her name. How do I get that in my name to sell?

My sister and I would like to sell the property, but we aren’t sure how to get it in our name. My mother was married to our father when she deceased, but his name isn’t listed on the deed. (They were married for 16 years, then they divorced and she purchased property… then remarried 20 years... View More

Ben Corcoran
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Ben Corcoran
answered on Jun 22, 2023

Right now, based on your fact pattern, the house is owned by your father, your sister, and you. Even though there is no deed stating as much, that is still the case. You should be able to sell the property, but all three people and their spouses will have to sign the new deed.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I had documents submitted to a lawyer for registration so I though. But CRIM cant find it please advise of what to do?

I can seem to get any answers and CRIM saying that they can't locate property anywhere. What should I do? I am in US

Anthony M. Avery
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answered on Jun 7, 2023

Hire a competent NC attorney today to search the title for that street address, parcel number, and what you thought was the grantor's name. Contact your lawyer, in person if possible, and find out where that Deed went. Litigation may be required.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: Can our landlord coming to our rental every single day to use our water and invade our privacy?

we are private people. I don't want this guy to come to my house every day and use our water and water the grass and our flowers?? I am so very unvomnfortable. Do I have any rights?

Ben Corcoran
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Ben Corcoran
answered on Jun 7, 2023

While the landlord is allowed to inspect the property, they are not supposed to use the property while you possess it via the lease. I would have to review the lease to ensure it is not allowed, but I don't think they should do this.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Raleigh, NC landscape ownership question

We live in Raleigh, NC and are considering building a permanent Hardscape staircase that will evenly straddle the property line between our home and our next door neighbor’s. We are concerned about potential issues regarding ownership of this structure in the event that one party sells their... View More

Anthony M. Avery
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answered on Jun 5, 2023

If the staircase will encroach on the adjoining owner, then hire a NC attorney to draft a Joint Permanent Use Easement to be agreed upon and recorded. Without that , do not build it or you will be sued, and your title will be clouded. But are you sure it will encroach? A survey might discover... View More

1 Answer | Asked in Divorce and Real Estate Law for North Carolina on
Q: I have land in North Carolina that was gift deeded to only me when married.Does my husband have any legal claim to it ?
Ben Corcoran
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Ben Corcoran
answered on May 18, 2023

Without seeing the deed it is hard to know for sure, but he does not likely have any real claim to it.

Generally speaking, should you die before him, he can assert some claims under NC law and he would have to sign any deed should you sell the property. And in a divorce, his claims would...
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1 Answer | Asked in Real Estate Law for North Carolina on
Q: I had my house before mirage what do I need to do to add my husband to my deed?
N'kia (NLN)
N'kia (NLN)
answered on May 8, 2023

The best option for you could depend on several factors. For example: Do you still have a mortgage? Will the lender allow a title change? Under what circumstances? What are the lender's special requirements? You might want to speak with a knowledgeable attorney who can advise you of your... View More

1 Answer | Asked in Real Estate Law, Criminal Law and Animal / Dog Law for North Carolina on
Q: My neighbor keeps letting his dogs poop in my yard. We have discussed this 1000 times. What can I do now?

I have video of the dogs when they come and poop in my yard.

I scoop the dog poop daily and toss it back into his yard.

John Michael Frick
John Michael Frick
answered on Apr 21, 2023

Collect the poop. Store it. Then deliver it all back to his front porch

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: The state ALE served me with nuisance papers what do i do what they are accusing isnt true

they are saying we committed a act of nuisance under chapter 19. they are wanting us to move my fiancee is to never return or live on the property and im allowed only 3 hours a day and cannot return for 10 years. they are tyring to say my dad cant rent his trailers for a year an then it has to go... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 1, 2023

Your issue could either be somewhat simple or somewhat complex, but it's difficult to tell from the information provided. For example, it isn't clear who owns "the property," what the "event" was, and why ALE was involved. To be able to help determine your potential... View More

2 Answers | Asked in Real Estate Law and Arbitration / Mediation Law for North Carolina on
Q: How do I get my name removed from the deed of a house I co-own with my sister in North Carolina?

My sister and I inherited my parents’ Chapel Hill home in 2020. My sister, who resides in Chapel Hill, took care of the estate sale, and we agreed she would become sole owner of the house. When she closed the estate, she directed the estate lawyer to include my name as co-owner on the house. My... View More

Ben Corcoran
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Ben Corcoran
answered on Mar 16, 2023

You can file a quitclaim deed which would transfer any interest you have to your sister. Your sister would not have to agree or even know about this deed. Contact any attorney in NC, and they can assist with this.

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1 Answer | Asked in Real Estate Law for North Carolina on
Q: If investor in house purchase signs a contract then doesn't show up to closing after sellers already moved out

Contract signed Feb 10 closing was supposed to be March 10. Investor never showed gave no valid reason and doesn't look like he going to follow through. We already moved out incurring great expenses hiring movers and renting a house.

Vincent Gallo
Vincent Gallo
answered on Mar 12, 2023

You shouldn’t have moved without absolute certainty that there was first a firm closing date and that everyone would have been fully prepared to close on that date.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: can I have the questions for a deposition sent in advance?

I am being sued. their lawyer wants to ask me questions. can I have them sent in advance

Anthony M. Avery
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answered on Mar 2, 2023

You might make a written request, but there is no requirement that the other party comply or be limited to those questions.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for North Carolina on
Q: Can I sale my house to someone else if I do not own the land that the house sits on?

The Land Use Agreement was signed by the landowner and I built my house on that land.

Anthony M. Avery
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answered on Feb 13, 2023

No...

1 Answer | Asked in Criminal Law, Real Estate Law and Civil Litigation for North Carolina on
Q: what steps can I take to obtain money that is due to me and fully gain ownership of the house completely?

I co-owned a house and property with my older sister since 2013. She has kept all the rent money for 8yrs, then she has sold 50% of the property behind my back on April 21, 2021 to her friend and didn't tell me until 8 months later. Her friend is committing larceny as well. I recently found... View More

Anthony M. Avery
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answered on Nov 28, 2022

You probably need to hire an attorney to file an action for a Sale For Partition.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Can a licensed Realtor in NC buy a house for his own use in SC and represent himself in the transaction?

The house is located just a few miles from the NC border.

I notice when logged into the Charlotte MLS, I have access to properties listed in SC, close to the state line, (probably due to the Metropolitan Statistical Area extending a few miles south of the border).

Is this access... View More

Anthony M. Avery
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answered on Oct 17, 2022

Yes, not a problem.

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: NC: Coowner left and has given no forwarding information. Now what?

No mortgage; 50/50 owners on title and deed. I’ve several letters and texts, stating she bought the house for my daughter (her grandchild) and me and we never have to worry about being homeless. She bought the house; repairs were shared; all furnishings, appliances, and fencing; bills and taxes I... View More

Anthony M. Avery
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answered on Oct 17, 2022

Since it does not appear any debt problems are present, you probably need to do nothing until you want to. Hire an attorney to search the Title to be sure about ownership. When necessary, file suit for a Partition with publication service on her.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I live in north carolina and was left a house in illinois in a transfer on death instrument. How can I get the deed?

North Carolina doesn't recognize transfer upon death instruments, so how can I claim the house left to me?

Ben Corcoran
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Ben Corcoran
answered on Oct 3, 2022

When it comes to real property, the law that governs it is almost always the law of the state in which it lies. So in this scenario, you need to be talking to an IL lawyer and see what needs to be done.

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