Experienced North Carolina Real Estate Litigation Attorneys
Has someone put up a 10-foot fence around your property and claimed it is theirs? Resolutions for boundary line disputes in North Carolina are complex. The help of a real estate lawyer may be necessary. Statutes and case law on adverse possession allow a person to claim land ownership if they have occupied it openly, continuously and hostilely for at least 20 years. If someone has reason to believe they have a right to own the property, the “color of title” doctrine could reduce this time to seven years.
North Carolina recognizes the concept of “mutual recognition and acquiescence,” where long-standing boundaries acknowledged by neighboring property owners can become the legal boundary even if they differ from the surveyed lines.
Property owners should – but don’t always – make sure their land is surveyed by a licensed professional, as survey errors or ambiguities can lead to disputes.
What About Easements?
Is your neighbor or the power company asking you to grant an easement through your property? An easement grants one party the right to use another party’s land for a specific purpose, such as access or utilities. Easements are generally categorized in the manner of use allowed, such as:
- Express grants: Written agreements between property owners
- Implied easements: Arise from circumstances suggesting the parties intended an easement
- Easements by necessity: Occur when a landlocked property requires access
- Prescriptive easements: Result from continuous, open, and adverse use over a statutory period
Disputes can arise regarding easement creation, use, maintenance responsibility and costs of upkeep, or related to termination of an easement. North Carolina courts emphasize the easement’s original intent and reasonable use standards to resolve these conflicts. Easements can be terminated through mutual agreement, abandonment or changes in circumstances that make them unnecessary.
A Few Words On Eminent Domain In North Carolina
Urban renewal and economic development sound great in theory – until it is your property that is subject to the complexities of eminent domain. Eminent domain, the government’s power to take private property for public use, is a contentious issue in North Carolina. The North Carolina Constitution and state statutes govern eminent domain procedures, ensuring property owners receive “just compensation.”
Property owners have a right to an equivalent value for the loss of their property. Courts consider market value, property condition, and potential future uses. Relocation assistance and compensation for business losses are other considerations. Recent cases stress the importance of transparency and fairness in the eminent domain process, emphasizing the need for clear communication and fair treatment of property owners. North Carolina law mandates that the government must negotiate with property owners in good faith before resorting to eminent domain.
At Bain & McRae, LLP, our experienced attorneys will help you navigate the eminent domain process effectively, minimizing stress and maximizing compensation. We will challenge lowball offers and uphold your best interests.
Resolution Through Negotiation, Mediation Or Litigation
At Bain & McRae, LLP, we are here to help you navigate the intricacies of your real estate problem. Our real estate lawyers will provide strategic advice on the best action, whether negotiating settlements, drafting agreements, or litigating in court. We will advocate effectively during mediation and, if necessary, litigate your case in court.
We bring knowledge of state laws, case precedents, and local zoning regulations that can affect your property rights. We can help you anticipate and proactively address potential issues, reducing the likelihood of prolonged and costly disputes. We can also help you with less contentious matters like real estate closings.
Originally started by Edgar Bain in 1961, our attorneys have more than 60 years of combined legal experience. Bain & McRae, LLP, has a well-respected reputation in the legal community. We receive many attorney referrals. From our office next to the Harnett County Courthouse in Lillington, we serve clients across North Carolina. Call us at 910-239-8184 or send us an email to schedule a consultation. We aim to provide peace of mind throughout the resolution process.