Real Estate Litigation in North Carolina

Real estate disputes can arise in a variety of situations, and resolving them often requires legal action. At Whitaker & Hamer, PLLC, our experienced attorneys are equipped to handle the complexities of real estate litigation, protecting your property rights and ensuring compliance with North Carolina law.

Common Types of Real Estate Litigation in North Carolina

1. Petition for Partition (§ 46A-20 et seq.)

When multiple parties jointly own real estate, disagreements about property use or sale can arise. Under N.C.G.S. § 46A-20, a co-owner may file a Petition for Partition to force the sale or physical division of the property. This process can become contentious, especially if one party resists the sale or disputes the valuation.

• How We Help: Our attorneys guide clients through partition actions, advocating for a fair resolution and protecting your financial interests.

2. Clouds on Title (§ 1-253 et seq.)

A cloud on title refers to any uncertainty or defect in the ownership record of a property, often arising from old liens, conflicting deeds, or clerical errors. Under N.C.G.S. § 1-253, property owners can seek a Declaratory Judgment to clear these defects.

• How We Help: Whitaker & Hamer, PLLC, conducts thorough title examinations and represents clients in court to resolve title disputes efficiently.

3. Boundary Line Disputes (§ 38-1 et seq.)

Boundary disputes are common in North Carolina, often resulting from unclear property descriptions, misplaced fences, or conflicting surveys. Under N.C.G.S. § 38-1, a court can determine the true property boundary through litigation.

• How We Help: We work with surveyors, gather evidence, and present strong legal arguments to resolve boundary disputes in your favor.

4. Easement Disputes (§ 136-89.50 et seq.)

Easements grant others the right to use a portion of your property for specific purposes, such as access roads or utilities. Disputes arise when easements are improperly used, blocked, or exceeded in scope. North Carolina statutes provide legal remedies for these conflicts.

• How We Help: Our attorneys help clients enforce or challenge easements, ensuring property rights are respected.

Why Choose Whitaker & Hamer, PLLC for Real Estate Litigation?

Real estate litigation involves complex legal and factual issues, and the stakes can be high. At Whitaker & Hamer, PLLC, we bring years of experience, in-depth knowledge of North Carolina real estate law, and a client-focused approach to every case.

• Experienced Representation: Skilled attorneys with a proven track record in real estate litigation.
• Clear Communication: Transparent advice and regular updates throughout your case.
• Results-Driven Approach: We prioritize efficient resolutions but are prepared to aggressively represent your interests in court when necessary.

Take the First Step Today

If you’re facing a real estate dispute in North Carolina, don’t face it alone. Contact Whitaker & Hamer, PLLC today to schedule a consultation. Let our team provide the legal expertise and peace of mind you need to protect your property rights.

Whitaker & Hamer, PLLC – Your Trusted Advocates in Real Estate Litigation.

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