Ask a Question

Get free answers to your Real Estate Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
North Carolina Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for North Carolina on
Q: Neighbor stopped sale of our home claiming it is on her property. We have a surveyor coming to survey property

Can we claim rights to part of property we have kept up if in fact it is on her land? Can we sue for cost of having to take house off market?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 2, 2024

Hire a NC attorney to search both titles. Hire Surveyor to give his opinion of boundary line corners. Then you may need to file a Boundary Dispute action unless you and the other landowner can agree to a recorded boundary agreement. It does not sound like damages can be sought.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Do I need a Real Estate Lawyer to change my deceased grandfathers property to my name? I am his only living relative.

He was originally from North Carolina but had to come to MD when my grandmother became ill and remained here in MD until his death. He was in a nursing home in MD at the time of his death and owned no property here. I was told to open and close an estate in MD. Now I need to have my name placed on... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 4, 2024

You need a MD attorney to determine heirship and prepare an Affidavit of Heirship, if he lived any MD more than a month or so. Then get a NC attorney to record the Affidavit (or do it yourself properly) to show the world you are the sole heir and owner. Taxes need to be paid in your name. If... View More

3 Answers | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: How long does it take for partition action after being filed?
M. Bryan King
M. Bryan King pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 29, 2024

Hello and thanks for your question. The duration of a partition action in North Carolina can vary based on several procedural steps and statutory requirements. Initially, if the court determines that the petitioner is entitled to relief, it will appoint three disinterested commissioners who must... View More

View More Answers

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Is my property protected from seizure by Medicaid or any other threat?

I purchased a home 1990. Granted my mother life rights 1992.

The specific wording on the North Carolina Warranty Deed is:

“GRANTORS convey to GRANTEE a Life Estate in the tract herein described.”

There are no liens on the property and no disputes.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 21, 2024

You as the remainderman will probably be alright. But if the Government wants to lease it for the rest of her life, it is possible you will be out of possession for awhile. If so, you will have to sue for possession, ejectment, etc. at her death. Hire a NC attorney to consult with, but there... View More

1 Answer | Asked in Real Estate Law, Animal / Dog Law and Civil Rights for North Carolina on
Q: My neighbors are renters and they have three dogs outside that are always barking anytime I'm in my yard.

Also one of them comes on to my property to attack my dogs threw my fence, which is 25 feet from my property line. I've talked to them and nothing has changed and the police haven't done anything also..Is there a way to sue them or the homeowners to put up a fence at the property line?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2024

I understand you're dealing with a frustrating situation with your neighbors' dogs. Let me break down the legal aspects of your question:

1. Barking dogs:

Excessive dog barking can often be considered a nuisance under local noise ordinances. Since you've already...
View More

2 Answers | Asked in Civil Litigation, Real Estate Law and Civil Rights for North Carolina on
Q: Me and ex girlfriend on deed of house. Bout to sell and she wants 50 percent profit

Me and my ex girlfriend bought a house together bout 4 years ago. We split up after 4 months. I'm the only one on mortgage and we're both on the deed. I have been paying all the bills including property tax. I have completely remodeled the house and looking to make money on it but I was... View More

Ben Corcoran
Ben Corcoran
answered on Jun 13, 2024

You have a very strong case and it would be worth paying a lawyer to get a judgment against her interest in the house before selling. But it would be simplest to get a signed agreement from her that she will only take a lesser amount.

View More Answers

2 Answers | Asked in Civil Litigation, Real Estate Law and Civil Rights for North Carolina on
Q: Me and ex girlfriend on deed of house. Bout to sell and she wants 50 percent profit

Me and my ex girlfriend bought a house together bout 4 years ago. We split up after 4 months. I'm the only one on mortgage and we're both on the deed. I have been paying all the bills including property tax. I have completely remodeled the house and looking to make money on it but I was... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 15, 2024

It sounds like you're in a tough spot with your ex-girlfriend regarding the house sale. Since you're both on the deed, she has a claim to the property, but your situation is unique because you've shouldered the financial burden alone.

To address this, gather all your...
View More

View More Answers

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: I live on acre land for 12 years it's in my and brother name now brother trying to sell is he allowed too I verbaly told

It was mind brother trying to take mom got all timer and brother making decisions for her

Ben Corcoran
Ben Corcoran
answered on May 20, 2024

Your brother can only sell what he owns, so if someone is willing to buy his interest, he can sell it, but he cannot sell your portion. Since he is a part owner, your brother can get a court-ordered sale in which the whole property would be sold. You need to speak with a local attorney for further... View More

1 Answer | Asked in Divorce, Real Estate Law and Family Law for North Carolina on
Q: If I solely own my house and land that my house sits on and have owned it before I got married

Can my husband have me arrested or even trespassed from the house and property that I own SOLELY and have owned since before the marriage? I would assume I can come and go as I please to my OWN house and property?… he just keeps threatening to have me arrested if I step foot on MY property? Is... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2024

Is there an order from a Court preventing you from going there? If so then husband can have you held in contempt. If no, then he plans on setting you up for an arrest which gives him leverage. You may wish to sell the home, or file an action for possession against him. You must hire a NC... View More

2 Answers | Asked in Real Estate Law, Civil Litigation and Construction Law for North Carolina on
Q: Can I sue the developer that sold me a building lot with poor soil?

I purchased a building lot in a known subdivision from the developer of the subdivision in the City of WinstonSalem(North Carolina). After the contractor dug for the footing , the footing city inspector asked for a soil test. We hired a soil test engineer and we discovered the soil was not suitable... View More

Tim Akpinar
Tim Akpinar
answered on Jun 8, 2024

If the contract mentions nothing about soil, a question that might arise is why a test was not performed prior to planning foundation. One option could be to reach out to an attorney to discuss in further detail. Be prepared for questions to support your position that there was an issue of... View More

View More Answers

2 Answers | Asked in Real Estate Law for North Carolina on
Q: H&w own home joint tenets by the entirety. Wife solely has judgment. Can title pass?

Wife bought house individually, but they were married. Several years later they executed a quit claim deed transferring title to joint tenets by the entirety; now, roughly 10 years after the quit claim deed they are selling. This Judgement is new. In order for new buyers to secure title insurance;... View More

Delaram Keshvarian
Delaram Keshvarian
answered on May 6, 2024

Thank you for asking the question!

Title insurance guarantee the title against the future claims (after the title is obtained). So, existing liens or claims are not guaranteed by title insurance. But, it happens that an existing lien or judgement can create future claims over title. In that...
View More

View More Answers

2 Answers | Asked in Real Estate Law for North Carolina on
Q: H&w own home joint tenets by the entirety. Wife solely has judgment. Can title pass?

Wife bought house individually, but they were married. Several years later they executed a quit claim deed transferring title to joint tenets by the entirety; now, roughly 10 years after the quit claim deed they are selling. This Judgement is new. In order for new buyers to secure title insurance;... View More

Ben Corcoran
Ben Corcoran
answered on May 6, 2024

If I were the closing attorney, I would disclose the judgment to the title company, but I am very confident that the title company would not have any issues with it. A judgment against only one spouse in a tenancy by entireties ownership does not place a lien against the property in NC. This... View More

View More Answers

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: My uncle died 4 years ago. Everything went to his only child. 2 years ago, the child died. The uncle had a will, however

It was never filed and the estate was never settled. Uncle had no debt. The son ( deceased heir) has outstanding income tax debt. The son’s criminal attorney has uncles will and refuses to release it to family. My mother and aunt (uncles sisters) are now closest living relatives and heirs to my... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 30, 2024

Hire a NC attorney to probate Uncle's Estate. With Letters of Administration, you will be able to demand the will document, which then is administered by the Executor. You still might be the Administrator with Will Annexed. However the devise might not go to you, and you might be only... View More

1 Answer | Asked in Tax Law, Real Estate Law and Elder Law for North Carolina on
Q: Iredell County has denied my senior citizen property tax exemption based on my over limit income.

Both my Federal and NC state tax is zero AGI. Can anyone help with ???

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 18, 2024

It's best to consult with a local tax attorney or the Iredell County Tax Assessor's office.

In North Carolina, the elderly or disabled property tax exemption (also known as the Homestead Exemption) is available to qualifying homeowners aged 65 or older, or those who are totally...
View More

Q: Am I covered

I put mobile home under contract with a rent to own buyer with owner financing agreement. Contract states (as is) what you see or don't see is what you get. Buyer calls me and says the electric is not working in the living room & 1 of bedrooms as they were operating during and after Reno... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2024

Based on the information you provided, it seems that the buyer may have a case against you, despite the "as is" clause in the contract. Here's why:

1. Implied warranties: Even with an "as is" clause, there are implied warranties that the property is habitable and...
View More

2 Answers | Asked in Contracts, Divorce, Real Estate Law, Civil Litigation and Family Law for North Carolina on
Q: Dispute over property sale agreement

My ex-husband and I share ownership of a property in Wake County, North Carolina, which serves as a secondary residence for both of us. Following our divorce, we had a signed agreement stipulating that he would buy out my share within two years for much less than it was worth. However, it's... View More

Ben Corcoran
Ben Corcoran
answered on Apr 1, 2024

Contact an attorney and ask about a "Petition to Partition"; be sure to show them a copy of the agreement. Hopefully, the agreement will no longer be enforceable, and you can get half of your interest out of the property, especially since real estate values have significantly increased... View More

View More Answers

2 Answers | Asked in Contracts, Divorce, Real Estate Law, Civil Litigation and Family Law for North Carolina on
Q: Dispute over property sale agreement

My ex-husband and I share ownership of a property in Wake County, North Carolina, which serves as a secondary residence for both of us. Following our divorce, we had a signed agreement stipulating that he would buy out my share within two years for much less than it was worth. However, it's... View More

Sathappan Muthu Krishnan
Sathappan Muthu Krishnan
answered on Mar 30, 2024

Yes if one spouse is in comparative or if there is at treat that the house will be lost through foreclose, you can request a judge to issue an order to stand the sales process another reason to compel a sales is if you need funds to survive on during and after divorce , this could encode paying... View More

View More Answers

1 Answer | Asked in Probate and Real Estate Law for North Carolina on
Q: My father recently died. His wife died a year ago. He never removed her name from the deed. Will her kids be entitled to

the proceeds from the sale of the house?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 27, 2024

When a property is co-owned and one of the owners passes away, the distribution of their interest in the property depends on how the deed is titled and the laws of the state in which the property is located. If the deed was held as "joint tenants with right of survivorship," then upon the... View More

1 Answer | Asked in Real Estate Law, Business Law and Gov & Administrative Law for North Carolina on
Q: If I wanted to dropship manufactured houses that were expandable and are a resident of Nevada, what certs do i need

I want to start dropshipping cheap manufactured homes from chinese websites but I wonder if I need a liscense, LLC, ect to legally operate the buisness. Any insight?

Ben Corcoran
Ben Corcoran
answered on Feb 12, 2024

You can likely do this as a private individual. However, I would highly recommend forming an LLC to give you some legal cover. You should also have an attorney draft a contract that makes it very clear you are disclaiming as many warranties as possible regarding the condition of the homes. There... View More

1 Answer | Asked in Tax Law and Real Estate Law for North Carolina on
Q: What is the easiest way to determine the value of a property that I gave my daughter, to report on a 709 tax form?

I gave my married daughter a rental property that I owned for 45years…will the IRS accept a real estate market analysis as the value on a 709 form? Can the tax value be used?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 5, 2024

When determining the value of a property you gave to your daughter for reporting on a 709 tax form, it's important to follow IRS guidelines accurately. While a real estate market analysis can be a helpful reference, it might not be sufficient on its own.

The IRS typically requires a...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.