Legal Question in Real Estate Law in North Carolina

Suit to Quiet Title

Time for adverse possession is a matter of state law, and varies from state to state, although 26 years would probably be sufficient in any state. Have you received a preliminary committment for title insurance and if so, does it show an exception to the owner's title? If a title insurance company is willing to issue you a policy of title insurance, you don't have to worry about old claims. If they are not willing to insure, they will tell you what you need to do. Probably a suit to quiet title may be required, but again this depends on state law. You should check the sales agreement with the owner. Most contracts require the owner to provide good marketable title and to purchase title insurance. If so, then it is the owner's problem to clear title and that owner must do it before the sale closes. If you have questions about title insurance, visit my website at www.SeattleLawyer.com, I have a page on Title Insurance. Good luck. If you happen to be in Washington State, feel free to contact my office.

Clearing the Title to USFS land in NC

Funny you should ask this question. We have the Exact answer for Georgia, but may have to do some research to get the NC answer. If you will go to our web site (http://www.nnc.net/wood and travel to books and articles, there is about a 15 page legal article we put up recently on Clearing the Clouds to title on Real Estate.

The attorney from Seattle is probably correct that the land may be clear by prescriptive title (7 years) or adverse possession (20 years) even in NC. However, it is important to determine that the unfound family member was not under a legal disability at the time: mentally insane, prision, etc.

You are correct that the USFS must provide you with access to landlocked property. The rule is that any landlocked property must be given an "easment of necessity."

There are some forresters that we work with a lot listed on our Real Estate Services Page -- Fall Line Consultants, Inc. Mark Barrnet probably knows the people to call on the telephone in NC who can help you resolve your problem. He sent me an email on an unrelated subject tonight and will talk to you on the phone, if you call him. Fall Lines Web Site is (I think) http://www.flashnet.com/~falline

Good Luke. Very Interesting Question