Category Archives: Real Estate Q&A Series

Is it appropriate to select “no representation” on the property disclosure if I’m unsure about the home’s condition, and what are the risks if problems are found later? NC

Is it appropriate to select “no representation” on the property disclosure if I’m unsure about the home’s condition, and what are the risks if problems are found later? – North Carolina Short Answer In North Carolina, the residential property disclosure law generally allows an owner to choose “no representation” instead of answering each condition question,…

What steps do I need to take to challenge or block an unauthorized easement application? NC

What steps do I need to take to challenge or block an unauthorized easement application? – North Carolina Short Answer In North Carolina, an easement across private land usually cannot be created or recorded without a valid legal basis, such as the owner signing a properly executed easement deed or a court order in a…

How do I verify that a power of attorney document authorizes property sales? NC

How do I verify that a power of attorney document authorizes property sales? – North Carolina Short Answer In North Carolina, verifying that a power of attorney (POA) authorizes a property sale usually means confirming three things: (1) the POA is valid and in effect, (2) it grants the agent authority to sell or otherwise…

Can a quitclaim deed handle this transfer, or do we have to open an estate first? NC

Can a quitclaim deed handle this transfer, or do we have to open an estate first? – North Carolina Short Answer In North Carolina, a quitclaim deed can only transfer whatever interest the signer actually owns. If the current record owner is deceased, a co-parent (or anyone else) generally cannot fix the title problem with…

What evidence do we need to prove the land buyer didn’t have valid title or authority to buy the land? NC

What evidence do we need to prove the land buyer didn’t have valid title or authority to buy the land? – North Carolina Short Answer In North Carolina, proving a land buyer did not have valid title or authority usually means proving a break in the chain of title or proving the deed into the…

What documents should I gather to show I’m the rightful owner and stop future title issues? NC

What documents should I gather to show I’m the rightful owner and stop future title issues? – North Carolina Short Answer In North Carolina, the most persuasive way to show rightful ownership is to assemble the recorded “paper trail” for the property (a certified copy of the deed into the current owner plus any later…

How do I get a new deed prepared when my land is listed under multiple parcel numbers and the records don’t match? NC

How do I get a new deed prepared when my land is listed under multiple parcel numbers and the records don’t match? – North Carolina Short Answer In North Carolina, the safest way to prepare a “new” deed when parcel numbers and public records do not match is to base the deed on the correct…

Do I need a new deed to sell cemetery lots, or is there a different document that should be used? NC

Do I need a new deed to sell cemetery lots, or is there a different document that should be used? – North Carolina Short Answer In North Carolina, a cemetery “lot” is often treated more like a set of burial rights tied to the cemetery’s rules than like a normal piece of real estate that…

If the home is already in my name, what happens to me and the property if the foreclosure goes through? NC

If the home is already in my name, what happens to me and the property if the foreclosure goes through? – North Carolina Short Answer In North Carolina, if a foreclosure sale is completed, the buyer generally receives title to the home and the current owner can be required to move after the deed is…

What paperwork is needed to place a lien or deed of trust on a property for collateral purposes? NC

What paperwork is needed to place a lien or deed of trust on a property for collateral purposes? – North Carolina Short Answer In North Carolina, using real property as collateral is usually done with a written promissory note (the debt) and a deed of trust (the real-estate security instrument), signed and notarized, then recorded…