How are property taxes prorated at closing when selling my home? – North Carolina Short Answer In North Carolina, annual county and city property taxes are typically split between seller and buyer based on the closing date. The seller pays their share for the portion of the year they owned the home, and the buyer…
How can I clear title to land I paid off but never received the deed for? – North Carolina Short Answer In North Carolina, you typically clear title by filing a Superior Court action for specific performance and/or quiet title, and recording a lis pendens so others are on notice. If the seller cannot be…
Can my decade of paying property taxes help prove my ownership in court? – North Carolina Short Answer In North Carolina, paying property taxes for 10 years helps, but it does not by itself prove ownership. Courts look for a legal basis to quiet title, such as adverse possession or a right to specific performance…
What steps are needed to get an injunction to stop a neighbor’s encroachment? – North Carolina Short Answer In North Carolina, you file a civil lawsuit in the county where the land sits and request a temporary restraining order (TRO) and preliminary injunction under Rule 65 to stop the encroachment. You need a verified complaint…
How do I prove ownership and official boundary lines in a real estate dispute? – North Carolina Short Answer In North Carolina, you prove ownership with your recorded deed and chain of title and fix the official boundary by getting a court order that establishes the line. You can start a special proceeding before the…
How can I enforce property boundary after a neighbor’s encroachment? – North Carolina Short Answer In North Carolina, you can enforce a boundary by filing a special proceeding to establish the true line with the Clerk of Superior Court and, if needed, a civil action for trespass/encroachment to remove structures and recover damages. If there’s…
What remedies are available if someone records a deed but never pays for it? – North Carolina Short Answer In North Carolina, a seller can file a civil action in Superior Court to either cancel (rescind) the deed for failure of consideration or force the buyer to pay (specific performance). Courts can also impose a…
Can a paralegal prepare and record a deed in an attorney state or does it have to be an attorney? – North Carolina Short Answer In North Carolina, drafting a deed for someone else is the practice of law and must be done by a North Carolina-licensed attorney. A paralegal may help only under the…
How do I prove breach of contract for the sale of my home interest and recover damages? – North Carolina Short Answer In North Carolina, you prove breach of a real estate sales contract by showing: a valid written contract, your performance (or tender), the buyer’s nonpayment, and resulting damages. With a deed already delivered,…
How can I make the buyer pay for the home interest I transferred when they refuse to pay? – North Carolina Short Answer In North Carolina, if you conveyed your interest by deed and the buyer did not pay, you can sue for breach of contract to recover the price or ask the court to…
