Can I claim ownership through long-term occupation of land without a survey? – North Carolina Short Answer Yes—North Carolina recognizes adverse possession. A survey is not required by law, but you must prove actual, open, exclusive, continuous, and hostile possession for the statutory period. With a defective deed (color of title), the period is typically…
Can I use a will instead of redoing the deed to leave my house to my new spouse? – North Carolina Short Answer In North Carolina, a will can pass your house to your spouse only if you still own the house in your name at your death and the will is probated. If a…
What steps are required to add my new spouse to the deed after my first spouse passed away? – North Carolina Short Answer In North Carolina, the process depends on how you and your first spouse held title. If the deed was to you and your spouse as tenants by the entirety or as joint…
Do I need to open an estate administration to clear a deceased spouse’s name from a deed? – North Carolina Short Answer In North Carolina, you only need estate administration if your late spouse’s interest did not pass to you by survivorship. If the deed shows you and your spouse held the home as “husband…
How can I ensure my current spouse inherits the house when I pass away? – North Carolina Short Answer In North Carolina, the cleanest way is to hold title with your current spouse as tenants by the entirety, which carries automatic survivorship—your spouse becomes sole owner at your death. First, clear title from your deceased…
How does title insurance work when there’s a long-standing gap in the chain of title? – North Carolina Short Answer In North Carolina, a title insurer may sometimes “insure over” an old gap if the public record supports a clean 30-year root of title and there are no red flags. More often, the underwriter requires…
What steps are needed to fix missing historical deeds from before a specific date? – North Carolina Short Answer In North Carolina, you cure a missing deed by first confirming the gap and seeing if it can be fixed with a confirmatory or correction deed, or an affidavit that clarifies ownership. If that is not…
What alternatives exist if original title documents can’t be located? – North Carolina Short Answer In North Carolina, you can clear a gap in the chain of title even if you can’t find the original deeds. Common options include: (1) an estate proceeding to identify heirs (and, if needed, a proceeding against unknown heirs), (2)…
What information should be included in a representation letter to support a diminished value claim? – North Carolina Short Answer In North Carolina, a diminished value representation letter should clearly identify the claim, state that you represent the vehicle owner for the diminished value portion only, and ask the insurer to route all communications through…
Can I negotiate the diminished value settlement directly with the insurance adjuster? – North Carolina Short Answer Yes. In North Carolina you can negotiate a diminished value (DV) claim directly with the adjuster. But if you have an attorney for the DV portion, send a letter of representation to the insurer and route all DV…
