Legal Question in Civil Rights Law in North Carolina

Real property improvements

I am an 86 year old woman living on social security. 14 years ago at the urging of my daughter I sold my house and invested my total savings of $10,000 in having their unfinished basement converted into living quarters for me. During the time I have lived there I have contributed more than $35,000 toward property improvements in addition to the $10,000. My daughter and son-in-law are now planning to sell their house and move to another part of the state. They don't appear to plan to have me go with them. I was never put on the title and wonder if there is any way I can recoup the $10,000 to find another place to live.


Asked on 8/20/02, 10:50 pm

2 Answers from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Real property improvements

You have an equitable interest in the real estate to the extent of your total investment. That would seem to include expenditures totaling $35K as well as the initial $10K investment you made. Even though you are not on the title, you interest is recognized by the law and will be protected if you take steps to see that that is done. Recommend you consult a real estate attorney in your town to discover what your rights are and what can be done. Initial consultations and case evaluations are usually done at no cost - ask before you go. Don't let them leave you high and dry - take action to protect your interests. Good luck.

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Answered on 8/20/02, 11:56 pm
John Kirby Law Offices of John M. Kirby

Re: Real property improvements

Well, I'll add my "two cents" worth, but this is somewhat beyond my expertise. I'm not sure about the other response and having an "equitable" interest of some sort in the property. This seems to me to be a very complicated legal and factual question, depending largely on your and your daughter's and son-in-law's understanding, which was probably not that clear. The law has doctrines of "unjust enrichment" and some other principles to allow you a recovery. To the extent that the house sells for more now because of your improvements, it would seem fair and equitable for you to recover that additional amount. On the other hand, the property was technically theirs, and you had no written (and probably oral) agreement about what to do in this situation. Also, they can argue that you received a lot of value from living there, such that your improvements were roughly equivalent to what you received, in which case they should arguably retain the benefit (the same way they would retain the benefit from a boarder by having the rent money). If a laborer works on a house and improves it, he has a "lien" against the property, but I doubt this applies to your situation. As a practical matter, this sort of thing, being within the family, would normally be handled amicably, without the legal system.

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Answered on 8/21/02, 12:45 pm


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