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…
How do I create or enforce a shared-well agreement that spans county lines? – North Carolina Short Answer In North Carolina, put the shared-well terms in a signed, notarized written agreement that creates an easement and sets maintenance and cost-sharing rules, and record it with the Register of Deeds in every county where any benefitted…
How can I establish formal rights and responsibilities for a shared well with my neighbor? – North Carolina Short Answer In North Carolina, put a written shared well and easement agreement in place, signed and notarized by all affected owners, and record it with the Register of Deeds in every county where the properties sit.…
What happens if a co-owner doesn’t sign the purchase agreement by the deadline? – North Carolina Short Answer In North Carolina, a contract to sell real estate must be in writing and signed by the party to be charged. To sell the whole property, all title holders (or a properly authorized agent under a valid…
What happens if my neighbor refuses to contribute to well maintenance or repairs? – North Carolina Short Answer In North Carolina, shared well costs are usually governed by a recorded agreement or easement. If an agreement requires cost sharing and your neighbor refuses, you can demand compliance and, if needed, ask a court for damages,…
Can I require a co-owner of a shared well to pay their share of water usage costs? – North Carolina Short Answer Yes—under North Carolina law, cost sharing usually comes from a recorded well or easement agreement. If an agreement exists, you can enforce it in court. If there is no agreement but the well…
How can I ensure a settlement agreement locks in distribution of sale proceeds before closing? – North Carolina Short Answer Use a written, signed proceeds-allocation and disbursement/escrow agreement that binds every co-owner (or their valid, recorded agents) and deliver it to the North Carolina settlement agent before closing. The closing attorney can only disburse after…
What should we do to avoid breaching the purchase contract while securing all signatures? – North Carolina Short Answer Get a written extension of any signature or execution deadline before it expires, or have a properly authorized agent sign under a valid power of attorney. Meanwhile, put any dispute about loan interest or proceeds into…
How do I protect against a co-owner or buyer changing the payout terms at closing? – North Carolina Short Answer In North Carolina, lock in payout terms by putting them in a written, signed addendum to the purchase contract and a disbursement/escrow agreement signed by all sellers and the buyer, and give those signed instructions…
Can a power of attorney validly sign for a co-owner in a property sale contract? – North Carolina Short Answer Yes—if the power of attorney (POA) is properly executed and gives the agent authority over real estate, the agent can sign the sale contract for that co-owner in North Carolina. The contract is only binding…