What rights do I have if someone applies for a driveway easement across my and my neighbor’s property? – North Carolina Short Answer In North Carolina, a developer generally cannot place a private driveway easement across someone else’s land without a signed written easement (or a court order in a limited type of “private way”…
What legal steps are available when repeated emails to the official contact go unanswered? – North Carolina Short Answer In North Carolina, unanswered emails to a timeshare or property-management “official contact” can be escalated by switching to formal written notice (typically certified mail) with the recorded probate and ownership documents attached, setting a clear deadline…
What steps do I need to clear title to property transferred by a forged deed? – North Carolina Short Answer In North Carolina, a forged deed generally does not transfer valid ownership, but it can still create a “cloud” on title that blocks a sale or partition. Clearing title usually requires a civil lawsuit in…
Can I structure a deal so I get paid without giving up ownership through a deed transfer? – North Carolina Short Answer Yes. In North Carolina, several deal structures can allow someone to receive payments while keeping record title in the current owner’s name, at least for a period of time (for example, a contract…
What evidence do I need to prove that a deed’s legal description or acreage is incorrect? – North Carolina Short Answer In North Carolina, proving that a deed’s legal description or stated acreage is wrong usually requires objective, record-based proof showing what land was actually intended to be conveyed versus what the deed describes. The…
If I already won a court case about the property, can the other person bring the same claim again? – North Carolina Short Answer Usually not. In North Carolina, once a court enters a final judgment that resolves a property-related claim (including a dismissal that operates “with prejudice”), the other party generally cannot file the…
Can a deed be prepared or signed using a power of attorney, and what paperwork is needed if it was already recorded? – North Carolina Short Answer Yes. In North Carolina, an agent (attorney-in-fact) can sign a deed for the property owner if the power of attorney actually grants authority to convey real estate and…
Can I use a recorded power of attorney from my ex-spouse to sign a new deed transferring their interest to me? – North Carolina Short Answer Yes, in many North Carolina cases an agent can sign a deed for an ex-spouse using a valid power of attorney that authorizes real estate transfers, as long as…
What documents will the county recording office require, like a death certificate and marriage certificate, to complete this transfer? – North Carolina Short Answer In North Carolina, the county Register of Deeds typically records (1) an attorney-prepared instrument that explains how title passes after the owner’s death under the deed, and (2) supporting proof such…
Will transferring the property from two trusts into my single trust cause transfer taxes, reassessment, or issues with a mortgage lender? – North Carolina Short Answer In North Carolina, moving real estate from one trust to another can trigger the state excise tax (often called a “transfer tax”) if the deed is treated as a…