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…
Can I cancel or reverse the property transfer if the buyer hasn’t paid the agreed price? – North Carolina Short Answer In North Carolina, delivering and recording a deed generally transfers title even if the buyer never pays. Nonpayment alone does not automatically void the deed. Your options are to sue in Superior Court to…
What steps ensure a valid contract when buying from multiple owners? – North Carolina Short Answer In North Carolina, a real estate purchase contract must be in writing and signed by the parties you want to bind. When a property has multiple owners, you need signatures from all record owners (or their authorized fiduciaries) for…
What documents are required to update a deed that’s remained in a decedent’s name for many years? – North Carolina Short Answer In North Carolina, title to land passes at death to heirs (no will) or to devisees once a will is probated. To update a long-stale deed, you typically record (1) proof of who…
