Cannon Law, P.C. represents clients in all types of land disputes, including the following:
- Boundary Line Disputes
- Title Problems
- Restrictions on Use
- Joint Ownership Rights and Responsibilities
- Partition or Sale of Jointly Owned Property
- Easements and Interference with Easements
- Clearing of Title
- Zoning and Land Use
- Right of Access to Your Property
Legal disputes arising out of the ownership or use of real estate are not uncommon in Western North Carolina. Old surveys, using outdated equipment on steep mountain slopes, are sometimes difficult to reconcile with surveys prepared using more modern instruments. Disputes also arise from inherited property where no title search was recently performed and from neighbors building fences or buildings across boundary lines. Disputes over land generally fall into three categories: (1) Problems with record title to the property; (2) claims of adverse possession (prescriptive title claims); and (3) survey problems.
Title to real estate in North Carolina and Georgia is usually perfected by recording a deed with the Register of Deeds (North Carolina) or the Clerk of Superior Court (Georgia). Sometimes an examination of the recorded deeds related to property reveals a conflict between two different deeds or a deed does not describe the property in a way that its boundaries can be determined. The Land Dispute attorneys at Cannon Law, P.C. can review the recorded deeds and often determine not only where the problem arises but also how to fix it. Sometimes a title problem can be solved by obtaining affidavits or additional deeds from relatives, prior owners or adjoining land owners. In other situations, a suit must be brought to determine who has record title to the property.
Adverse possession (also known as title by prescription or prescriptive title) is a legal doctrine that grants legal title to persons who possess land for a certain period of time and meet other legal requirements, even if they do not have a deed to the property. Title obtained by adverse possession can take precedence over a recorded deed and these disputes are usually resolved by a lawsuit. For additional information about Adverse Possession, click here.
Some property disputes arise because different surveyors disagree over the boundaries of property. These disagreements can arise for a number of reasons and can sometimes be resolved by recording corrective deeds and a new survey. However, these survey disputes sometimes require filing of a lawsuit where a judge or jury decides which survey is correct.
Our Land Dispute and Litigation lawyers at Cannon Law, P.C. are highly experienced in dealing with property titles, surveying issues, joint ownership of property, easements and all of the other real estate problems that cause problems between land owners. Disagreements arising out of joint ownership or use of property, encroachments, boundary line issues and easement disputes can require quick legal action. If these issues are not resolved and continue for a long period of time, valuable property rights may be lost forever.