Real Estate Law in Wilmington, NC
What Is Real Estate Law?
Are you getting ready to purchase or sell some property? Are you involved in a property or real estate dispute? Or, maybe you are having trouble getting your landlord to make repairs to the home? Whether or not you are a property owner or tenant, you have rights under Wilmington, North Carolina real estate law. Developers, property managers, and investors can also face property issues. Common reasons for this include property rights, access, liabilities, and more. These matters are complicated, so the best first step is to seek the counsel of a qualified Wilmington real estate attorney.
Types of Real Estate Law Disputes
Disputes involving real estate are very common and some of them are quite complex. They often require the intervention of the courts. The courts are seen as the most biased party to weigh in fairly. Learn more about the different types of real estate disputes below.
Escrow Deposit
When purchasing property in , there are specific steps all parties involved must follow. One of these is setting up an escrow account. Escrow disputes often arise when the closing process doesn’t go as planned, leaving the buyer and seller at odds over what happens to the funds.
Easement Real Estate Dispute
Easement disputes are one of the most common forms of real estate disputes between neighbors, especially when property ownership changes. An easement allows other people or parties access to use certain portions of your property. Easements are not always granted by a property owner. Information regarding easements is often included in Wilmington, NC property deeds. Regardless of the reason for the dispute, the resolution often involves hiring an experienced real estate law attorney. Still, one step you can take to resolve the matter before pursuing litigation is talking amicably with the other party.
Fraud/Omissions
Some unscrupulous sellers try to take advantage of buyers by withholding information. Ultimately, they may do this to impact the outcome of the transactions and future ownership. Proving fraud in a real estate transaction can be an uphill battle. It is almost always necessary to work with an experienced Wilmington real estate lawyer to straighten things out.
New Hanover County has a notification service for its Register of Deeds to combat recent illicit activity. Unfortunately, their efforts cannot prevent title fraud, but they can give Wilmington residents prompt notice of illegal activity. If this happens to you, the customer service number to contact local authorities is 910-798-7711.
Contract Breaches
No Wilmington, North Carolina real estate transaction is enforceable without a contract. Not all contracts are valid. The requirements for what to include in a valid real estate agreement vary from state to state. However, documents that are missing certain elements or contain unclear or confusing language and in which one party breaches often result in real estate disputes between sellers and buyers. Real estate contracts are enforceable documents. You should never enter into a real estate transaction in Wilmington without a valid mutually beneficial contract.
Landlord/Tenant
Disputes often arise when North Carolina landlords and tenants cannot agree on repairs, rent arrears, and more. Wilmington, NC tenant and landlord laws are very complex, and failure to adhere to them can cause either party to violate the rights of the other. Not only is a valid rental agreement crucial, so is having good legal counsel.
Wilmington’s Code of Ordinances can also become a factor in litigation between a landlord and tenant. For example, these local laws set expectations for who has the right to terminate waste services. No matter what type of dispute you’re going through, understanding how legislation interacts can be crucial.
Boundary Lines
Property line disagreements usually occur when adjoining Wilmington, NC property owners do not respect property boundaries. Sometimes this is due to a valid misunderstanding between neighbors. Not all property lines are easy to define and property records are not always accurate or easy to understand. Usually, disagreements arise because of fencing, trees, and other boundary line concerns. Though some North Carolina property owners feel they can take matters into their own hands, doing so could cause more problems. Court intervention is typically the best way to identify and enforce property lines.
Ownership
Ownership issues are common when an owner verbally transfers ownership without documentation. These disputes often happen when someone bequeaths their real estate to another without going through the proper process. Or, there can be other parties with ownership rights, such as certain lien holders.
Determining the rightful owner of a property in Wilmington is not always easy. Many factors and issues can arise when disagreements over real estate exist.
Liens
Liens can impact your ability to own property or land free and clear. It is possible to sell a property that has liens on it. However, some liens can diminish a property’s sale price. Also, in many cases, liens must be clear before securing a mortgage or financing.
Even if out-of-state creditors receive a monetary judgment, New Hanover County can put it on its judgment roll. In general, this step can result in the lien remaining for ten years from its entry into the record for property in Wilmington.
What Should You Do If You Become Involved in a Real Estate Dispute In Wilmington, North Carolina?
If you have a real estate issue in which you feel your rights are being violated, or there is a specific issue that has you and another party in disagreement, you may want to speak with a qualified Wilmington real estate lawyer. Regardless of the issues involved, you can benefit from having legal guidance.
Learn About Real Estate Law
Wilmington real estate law is quite complex. It is important for you to learn as much as you can about how real estate law applies to your circumstances. Your lawyer will help you to understand what’s at stake and develop a plan of action that helps protect your real estate rights.
Work With an Experienced Real Estate Attorney In Wilmington, North Carolina
Real estate disputes make up the majority of litigation cases. Not all issues require you to go to trial. You should work with an experienced Wilmington lawyer who has the knowledge and experience to get you the resolution you seek. Depending on your disagreement, the courts may include financial compensation and injunctions to prevent retaliation or recurring issues.
Get the legal help you need now. We help North Carolina landlords, renters, property and more resolve their real estate litigation. Additionally, 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 experienced lawyer 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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