Detailed Answer

When you inherit property with one or more co-owners in North Carolina, you become a tenant in common. Each co-tenant holds an undivided share of the whole. Disputes can arise over maintenance costs, use of the property, necessary repairs or decisions about selling. North Carolina law provides several paths to protect your rights and resolve conflicts.

1. Partition Action: You may file a civil action for partition under N.C. Gen. Stat. § 46-1. The court can order a division in kind—physically dividing the land—or a public sale with proceeds distributed to co-owners by their ownership percentages. If dividing the land fairly proves impractical, the judge will generally order a sale.

2. Injunction to Prevent Waste: If a co-owner’s actions damage or devalue the property (for example, neglecting repairs, unauthorized alterations or allowing waste), you can seek an injunction. A superior court judge can stop further harm and, in some cases, require the co-owner to repair damage or pay for losses.

3. Petition for Accounting: If the property remains part of an ongoing estate administration, you have the right to request a formal accounting from the personal representative. Under N.C. Gen. Stat. § 28A-17.1, you may demand detailed records of income, expenses and distributions.

4. Removal of Personal Representative: Should you believe the personal representative mismanages assets or acts against the estate’s best interests, you can petition for removal under N.C. Gen. Stat. § 28A-15-9. The court will evaluate allegations of misconduct, waste or incapacity and may appoint a successor.

5. Buyout Agreement: You can propose a buyout offer to purchase your co-owner’s share at fair market value. Documenting the offer in writing and relying on an independent property appraisal can encourage a negotiated resolution without court intervention.

Each of these actions serves a different purpose. A partition action strictly divides or sells the property. An injunction protects against ongoing harm. Accounting and removal petitions apply while the estate remains open. Buyout proposals can avoid litigation by setting clear financial terms.

Key Actions to Consider

• File a Partition Action (N.C. Gen. Stat. § 46-1) to divide or sell the property.
• Seek an Injunction to prevent waste or damage to the property.
• Request a Formal Accounting under N.C. Gen. Stat. § 28A-17.1 during estate administration.
• Petition for Removal of the Personal Representative under N.C. Gen. Stat. § 28A-15-9 if mismanagement occurs.
• Propose a Buyout Offer based on fair market value to avoid court proceedings.
• Consider Mediation to reach an agreement without formal litigation.