Legal Question in Real Estate Law in North Carolina

Who owns the land and how do I get it?

THANKS IN ADVANCE FOR ANY ADVICE�

I�LL TRY TO MAKE A LONG STORY BEARABLE, MY PARENTS BOUGHT A PIECE OF PROPERTY IN 1977, THE SELLER FINANCED AND A DEED OF TRUST WAS FILED. THEY DIVORCED IN 1979 AND THE DIVORCE DECREE ORDERED THAT THE PROPERTY WAS TO BE TRANSFERRED TO ME WHEN I TURNED 18. THIS WAS MY FATHER�S WISHES, MY MOTHER REFUSED TO SIGN ANYTHING THAT WOULD LOOSE HER CONTROL OVER THE LAND.

IN THE MEANTIME, THE LAND WAS PAID OFF. MY MOTHER OR MYSELF, HAVE LIVED ON THIS PROPERTY CONTINUOUSLY SINCE 1977. LAST YEAR, MY PARENTS DECIDED TO DEED THE PROPERTY TO ME AS PROMISED. NOW WE FIND OUT THAT THE RELEASE WAS NEVER FILED AND THE PROPERTY OWNERSHIP IS NOW IN QUESTION.

THE ORIGINAL SELLER AND HIS WIFE HAVE BOTH PASSED AWAY. I HAVE LOOKED FOR THEIR CHILDREN BUT HAVEN�T BEEN ABLE TO CONTACT THEM.

MY QUESTION IS TWOFOLD, HOW DO I CLEAR THE TITLE ON THE PROPERTY AND IF MY MOTHER REFUSES TO GIVE THE PROPERTY TO ME, CAN I PETITION THE COURT TO ENFORCE THE DIVORCE DECREE? BTW�THE LAND IS IN NC AND THE DIVORCE WAS FILED IN VA.

The taxes and POA dues have always been paid and the notices come in both my Dad & Mom's names.


Asked on 6/06/07, 8:03 am

1 Answer from Attorneys
Jeff Rosner Rosner Law Firm P.A.

Re: Who owns the land and how do I get it?

If I understand your question correctly, you own the land subject to an uncancelled deed of trust.

If your parents have already signed a and delivered a deed over to you, you need to make sure it is recorded in the County Register of Deeds office. If you are concerned about clearing the title, that is a separate issue that has nothing to do with your parents. There is a statute of limitations on deeds of trust. In many instances a title insurance company will insure over this. That means that while the title may not be "marketable", it could be insurable. This means that while some buyers may not want to purchase the property, a lot will not care as long as they have title insurance (which almost any buyer gets anyway).

You probably want to seek the advice of an atotrney in your county to do a title search on the property and make sure that you do currently own the property subject to that uncancelled deed of trust.

- Jeff

Read more
Answered on 6/06/07, 9:44 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in North Carolina