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Beth Faleris’s Answers

30 total


  • If I combine my 2 lots legally that are in a POA and pay dues based on lots per their by-laws. Will I have to pay on 2 lots?

    Beth’s Answer

    Most likely yes, depending on your covenants and bylaws. Most covenants will state dues per lot and reference the plat that established the lots and numbers. By combining two lots into one lot, doesn't negate the original recorded map/plat of the subdivision that showed the two separate lots. Have a property lawyer review your covenants and bylaws, as well as the maps/plats, to make a determination based on the language in the documents.

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  • How do I contest/request release on a 27 year old lien on my home?

    Beth’s Answer

    I agree with the other attorney about finding the lien holder. However, what type of "lien" is this on your parents' home? If this is a contractor's lien for work performed on the house, then those liens are automatically extinguished after 180 days of last furnishing labor and materials if they are not "perfected". They would have had to file a complaint to perfect, or enforce the lien. Those can be removed by application/motion to the clerk. A consult with a property attorney would be beneficial so they can determine the type of "lien" or encumbrance on the title and can then advise you the best way to remove it. Proof of payment in full on any loan, mortgage, line of equity, etc. would be helpful.

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  • Can I sue my contractor for walking off the job and doing poor work?

    Beth’s Answer

    Yes, if the scope of work outlined in the contract was not completed or completed in a workmanlike manner, then there is a breach of contract under which you can recover the amounts paid to him, plus the cost to repair any defects he caused.

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  • Can we sue our contractors wife for stealing the money that we paid our contractor?

    Beth’s Answer

    Unfortunately, no, as you contracted with the husband and/or his company. This is something he would have to pursue on his own (receive the money back from his soon to be ex-spouse or charge her with embezzlement if she worked for his company). You would have to look to the terms of your contract in order to enforce the completion of the work against him. But in the end, if he has no funds, it would be hard to recover all you've paid him. Offer to work with him on either completion (and no further compensation from you) or terminating the contract to find someone who can complete the project.

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  • Do I have the right to maintain the right away I was granted to access my property to the extent of developing the road

    Beth’s Answer

    If you have a deeded easement to access your property that's perpetual and you are responsible for maintaining that easement, then you are in your rights to gravel it, pave it, or any other type of road material. That said, however, even though you may dig a ditch within the easement area, you cannot divert water onto the neighbor's land. This is considered a nuisance and you will be liable for any damage you cause by the unreasonable diverting of the water onto his property. Digging a ditch would most likely go beyond the purpose of the easement -- which is ingress and egress to your property. Also, if installing the pavement causes any further damage to his property, you will also be liable, so be careful when maintaining your access.

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  • Summary ejectment: does the court give the tenant a chance to pay?

    Beth’s Answer

    You will need to send the tenant a 10 day letter --- stating they have 10 days from the receipt of the letter to either pay or quit. Be sure to send it certified so you have proof of delivery, as well as knowing when to start the 10 days. If they do not pay the amount owed, plus late fees, by the end of 10 days or vacate the premises, then you file the summary ejectment paperwork with the clerk for small claims. The clerk will give you a court date and the sheriff will serve the papers. At the hearing, if the magistrate finds the tenant to be in arrears and in breach of the lease agreement, they will enter a judgment for the amount of money owed (late rent plus court costs) and an order to vacate the premises within 10 days of the judgment. The tenant has 10 days to appeal the judgment to district court, but will have to pay for the appeal, as well as post bond (the amount of the past due rent, plus deposit with the clerk any rents that come due during the time until a court date is set in district court).

    A tenant can pay the amount owed plus court costs into the court before a judgment is entered; and this will stay all proceedings. If a tenant approaches a landlord about paying before court (and does not deposit it with the court), the landlord is not obligated to accept it. Magistrates will not give a tenant additional time to pay the rent due after the court hearing.

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  • Can my landlord sue me for having a ESA?

    Beth’s Answer

    I agree with Attorney Love with one caveat. If this is a rental where the landlord lives and a single unit AND they did not use a real estate agent to rent it out (for rent by owner), then the FHA does not apply in this situation and the Landlord can evict if this is a violation of any lease terms.

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  • What is my course of action to have my deceased mothers boyfriend removed from the property she owned?

    Beth’s Answer

    I agree with Mr. Love to contact the police and have them removed, but more often than not, they will not get involved.
    However, you cannot file for a summary ejectment if there is no landlord/tenant relationship. If they never paid you rent, or you have nothing in writing indicating that they were obligated for the taxes, then you would have to file for a civil trespass action to have them removed from the property. Still send them a written notice to vacate before you file an action to have them removed.

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  • In North Carolina How much of a notice does a landlord have to give if there is no written lease agreement?

    Beth’s Answer

    My condolences on the loss of your grandfather.
    As for your grandmother and her desire to return to the property --- since there are no written terms of the lease to describe the length of the tenancy, it is then presumed to be a month-to-month lease. Under a month-to-month lease, by statute, she only needs to give them 7 days notice to vacate. She would have to give them written notice to do so. If they fail to leave, she would then have to file for summary ejectment in small claims court to have them evicted. That process would take a bit longer.
    Also in order to sue for past rent due, she is required to give them a 10 day notice to pay all amounts due, and if they do not comply, then she can sue for money owed in small claims. This can also be part of the summary ejectment proceeding. I know it seems counter intuitive to have two different lengths of deadlines.
    Best bet would be to give them a 10 day written notice to pay all sums due as well as notice of termination of the tenancy with a date to move out.

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  • What to do when new neighbors say half my driveway is theirs?

    Beth’s Answer

    I agree you need a new survey to confirm the property lines. However, if you have been using the "driveway" for 50 years in an open, continuous, exclusive, adverse and notorious way, then you have the right to that portion of the property by adverse possession. You would have to institute a quiet title action to lay claim to that driveway if it's found to be on another's property. But that all begins with a new survey.

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