Do I need my sibling beneficiary’s consent or a written agreement before the trust reimburses me for the taxes I covered? – North Carolina Short Answer Not always. In North Carolina, reimbursement can be proper without a sibling beneficiary’s consent if the payment was a necessary trust expense and the trustee reimburses it as part…
How do I figure out whether an old deed transferred just a share of land or also the house sitting on it? – North Carolina Short Answer In North Carolina, a deed that transfers an ownership interest in land usually transfers the improvements on that land too (including a house), unless the deed clearly carves…
Can I sue the home inspector or appraisal professional for missing or misreporting major issues with the property? – North Carolina Short Answer Possibly. In North Carolina, a home inspector can face liability when the inspector fails to follow the inspection contract and the required standards of practice, or when the report contains negligent misstatements…
What can I do if someone is demanding rent or claiming I have to move out based on a forged deed? – North Carolina Short Answer In North Carolina, a person generally cannot lawfully collect rent from, or force someone out of, real property based only on a forged deed. If someone is making those…
How do I transfer cemetery lots to a buyer if they are really burial rights and not traditional real estate? – North Carolina Short Answer In North Carolina, what people call “cemetery lots” are often treated as burial rights governed by the cemetery’s rules and records, not the same as a typical piece of real…
What happens if my parent signed a deed years ago that accidentally gave the property to another relative, even if my parent meant it to go to the children? – North Carolina Short Answer In North Carolina, a properly signed and recorded deed usually controls ownership, even if the parent later said they meant something…
If a life estate is already in place, can the house be sold without the remainder beneficiary agreeing, and what happens if they refuse? – North Carolina Short Answer Usually not. In North Carolina, a buyer typically needs a deed signed by both the life tenant and the remainder beneficiary to receive full ownership, so…
Can I add or remove a co-owner from a timeshare title, and what steps are involved? – North Carolina Short Answer In North Carolina, a timeshare can be real estate (a “timeshare estate”) or a non-real-estate right (a “timeshare use”), and the steps to add or remove a co-owner depend on which one applies. If…
Does a UCC fixture filing survive probate and have to be paid at closing even if the estate was insolvent? – North Carolina Short Answer In North Carolina, a properly recorded UCC fixture filing can continue to encumber the real estate even if the debtor dies and the estate is insolvent. Denying the creditor’s probate…
How do easement laws work for a shared driveway? – North Carolina Short Answer In North Carolina, a shared driveway usually works through a written easement that is granted by the landowner and recorded with the county Register of Deeds. The easement defines who can use the driveway, for what purposes, and who must maintain…