What is involved in an initial title search before buying a house? – North Carolina Short Answer In North Carolina, an initial title search reviews the property’s recorded history, liens, taxes, and any estate filings to confirm who must sign your deed. If a co-owner has died, the search focuses on how that person held…
What happens if a title search reveals unclear ownership due to a death? – North Carolina Short Answer In North Carolina, a deceased co-owner’s share usually does not pass to the surviving owners unless the deed clearly created a right of survivorship or it was owned by spouses as tenants by the entirety. Otherwise, the…
How can I confirm the title is clear when one deed holder has died? – North Carolina Short Answer In North Carolina, start by checking the deed to see how the owners held title. If the deed clearly created a right of survivorship, the deceased owner’s interest usually passed to the survivors and you confirm…
How do I identify heirs of a deceased co-owner on a property deed? – North Carolina Short Answer Start by confirming how the co-owners held title. If the deed says “with right of survivorship” (or the deceased co-owner held the property with a spouse as tenants by the entirety), the surviving co-owners typically own the…
Can I challenge a foreclosure auction that happened without my knowledge as estate administrator? – North Carolina Short Answer Yes—under North Carolina law you can ask a court to stop or unwind a power-of-sale foreclosure if you act fast. You must file in Superior Court to enjoin consummation of the sale, and you generally must…
How do I calculate and meet the statutory deadline for reversing a foreclosure sale in my role as executor? – North Carolina Short Answer In North Carolina, you must act before “rights become fixed,” which occurs after the upset bid period ends and the trustee delivers and records the deed to the high bidder. The…
How do I legally transfer a family home from a relative to family members? – North Carolina Short Answer In North Carolina, you transfer a home either by deed during the owner’s lifetime or through the estate process after death. If the owner is alive, a properly drafted, signed, notarized, and recorded deed (for example,…
What are my rights if an adjacent owner dumps vehicles or trash across my driveway? – North Carolina Short Answer In North Carolina, the holder of a driveway easement has the right to use it without unreasonable interference. If a neighbor blocks the easement with vehicles or trash, you can sue in Superior Court to…
Can I get an injunction to prevent my neighbor from interfering with my property access? – North Carolina Short Answer Yes. In North Carolina, you can ask the Superior Court for a temporary restraining order (TRO) and a preliminary injunction to stop a neighbor from blocking a driveway easement. To get one, you must show…
How do I prove and record my driveway easement if there’s no written agreement? – North Carolina Short Answer In North Carolina, if you don’t have a written easement, you can ask the Superior Court to declare and define one (by prescription, implication, or necessity) and to order your neighbor not to block it. While…
