Property Disputes in Wilmington, NC
Property disputes in North Carolina are common between neighbors. They even occur between companies and governments. People want to protect what is legally theirs, but sometimes the boundary lines are not clear.
Find out what you can do if you have a property dispute in Wilmington, North Carolina. Discover the legal remedies and actions that can help you clear up a misunderstanding, arrange a settlement, or manage an issue involving your property.
What Is a Property Dispute?
Property disputes are legal disputes that involve real estate, including single-family homes, apartments, roads, condominiums, and ponds. Wilmington, NC property disputes can involve a wide range of parties, which might include some of the following:
- Neighbors
- Homeowners’ association
- Landlords and tenants
- Family members
- Trespassers
- Property visitors
- Government agencies
In Wilmington, the New Hanover County Superior Court can hear property dispute cases such as adverse possession. If either party appeals the decision, the case may transfer to the Court of Appeals of North Carolina.
Common Types of Wilmington, North Carolina Property Disputes
It’s important to know about common disputes to understand your circumstances. The most common property disputes often include:
- Disputes between neighbors regarding where property lines exist
- Disputes between landlords and tenants regarding who is at fault for damage to the property
- Homeowners and real estate developers disagreeing over who is responsible for repairs on construction
- People blocking their neighbor’s view via a “spite fence” or another structure specifically made to annoy their neighbor
- Disputes between mortgage lenders and creditors over who can foreclose a property and who receives the proceeds of a sale
- Disputes between homeowners and government agencies about whether they have a utility easement
- Ownership disputes about who is the rightful owner of a property
- Issues with zoning
Beyond these examples, you may find other situations in Wilmington where a property dispute occurs. In general, if you own land, you have to constantly watch out for it and ensure that others are not using it illegally or trying to claim it as their own.
Understanding Typical Wilmington, North Carolina Property Disputes
According to North Carolina State University, the North Carolina legislature has not addressed the liability issue of trees falling across a property line by statute. Consequently, the determination of liability is left to common law. Specifically, North Carolina jurisprudence follows the common law negligence standard for property and bodily injury for damage caused by falling trees and limbs.
North Carolina statute protects Wilmington farming operations from nuisance suits. In fact, you cannot file a nuisance action against a farm unless you meet specific criteria. You must legally own the real property affected, and this property must be within one half-mile of the source of the nuisance. In addition, you must file the action within one year of the establishment of the farming operation, or a significant change in the operation.
Legal Process for Boundary Disputes In Wilmington, North Carolina
Have you found yourself involved in a property dispute in , whether as the person bringing the case or the one facing it? It’s essential to grasp the legal process that lies ahead. The first step is to fully understand the issue you’re dealing with and how it impacts your property rights.
Understand the Boundary Issue
To understand the specific boundary dispute, you’ll have to do the following things:
- Complete a land survey to locate the exact boundary of your home as outlined in the legal description of the deed. This survey will help you understand your property and how much of your land is encroached.
- Conduct an appraisal to learn the exact market value of the piece of property that is in dispute.
- Do a title search to find all of the documents in the chain of title of your Wilmington, NC property. The title search will show if any deeds may affect your ownership.
These things will likely have happened when you purchased the home. If that’s the case, the documents you already have should suffice unless the case goes to court.
Wilmington Municipal Code governs the height, materials, and placement of fences within the city. For example, you cannot erect a barbed wire fence below six feet in any district. You can build other types of open wire fencing, such as hurricane and chain link, in any yard. In addition, front yard fences cannot exceed four feet in height in residential zones.
Try to Find a Solution with Your Neighbor
Property dispute litigation in Wilmington, North Carolina can cost a fortune, not to mention it can take a long time to settle a dispute. Therefore, it’s important to open a discussion between you and your neighbor. If you can reach an agreement and settle the dispute without going to court, you can save time and money.
Try to communicate directly with your neighbor. You can attempt sending a letter, email, making a phone call, or visiting their home if that’s a safe option.
If no progress happens and it’s clear that you and your neighbor are still on completely different pages, at this point, you should consider hiring an attorney to assist you. They can help you understand if you have legal grounds upon which to stand. If you do, then you can send a demand letter.
Sending a Demand Letter
This letter will be from your Wilmington attorney to your neighbor, and it will outline the property dispute. It will give your neighbor the option to respond via a requested action, or it will provide a reasonable price for settling the dispute out of court.
Your neighbor will likely forward this letter to their attorney to better understand the boundary dispute. From there, the attorneys on both sides will decide the best course of action moving forward.
Going to Court or Reaching a Settlement
Typically, the best option for both sides is to settle the dispute out of court to avoid costly litigation fees. But if your negotiations are going nowhere, it might be necessary to file the dispute with the court. The court will then look closely at the evidence presented and determine who owns the Wilmington, NC property in question. Keep in mind the court’s decision is legally binding. You may not agree with it, or it may not be exactly the result you wanted to see. That is why it’s typically in your best interest to settle.
To begin your property dispute case in Wilmington, you and your attorney can file with the New Hanover County Clerk of Superior Court.
Work With an Experienced Local Property Dispute Lawyer In Wilmington, North Carolina
When it comes to property disputes, you should work with an experienced property dispute lawyer. Whether you’re filing a property dispute against your neighbor or you are defending a dispute brought against you, you’ll need a lawyer that understands Wilmington property law on your side. An experienced lawyer can help you settle before taking the dispute to court, which will save you both time and money. We can even help you connect with an attorney across North Carolina state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an attorney in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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