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Gary H. Miller

Gary Miller’s Answers

6 total

  • MY TENANT HAS NO WRITTEN LEASE, WE REACHED A VERBAL AGREEMENT THAT HE COULD HAVE THE APT FOR WORK ON OTHER APTS . WANT TO EVICT

    Gary’s Answer

    The fact that there is no written lease is not an issue unless the lease is for more than 3 years. A lease for 3 years or less may be oral.

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  • Do I need a lawyer to stop someone from using our easement ?

    Gary’s Answer

    If the location of the easement is on her land, you cannot stop her from using the easement area to access her property. If the easment area is not on her land, a title examination must be undertaken to determine if she or any of her predecessors in title were granted an easement over the easement area. Finally, even if their is no written easement benefitting her property, that does not mean that she has no easement. Easements arise in numerous ways other than by written easement, i.e. easement by necessity, easement by estoppel, easement by adverse possession, etc. You will need to consult a lawyer to determine the answer to your question and the lawyer will need to undertake a title examination of your neighbors property and obtain additional facts to determine if your neighbor has the right to use the easement area you have described.

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  • I hav a plot of land side by a main road with a pavement of about 3 feet of width that a Land Surveyor will start his measuremen

    Gary’s Answer

    Fact that pavement is on your property is not determinative of the issue. Typically, rights of ways and road easements are much wider than the physical road within the right of way or easement area. For example, in N.C. most secondary public road rights of way are 45 feet in width, but the physical paved roads are typically not this wide.
    Where your surveyor started or should have started is dependednt upon the legal description for your property in your deed and chain of title. You cannot just look at where the pavement ends to determine where your property begins. End of the pavement generally just means the end of a publically maintained right of way. More facts would be needed to accurately answer your question.

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  • If my husband removes my name from the mortgage by refinancing will I loose my rights to the house.

    Gary’s Answer

    In addition to the answers already posted, you should be aware that even if your name was not on the deed, you would have marital rights to the property under N.C. law as long as you and your husband are married. The existence of these marital rights alone would require your signature to any deed or deed of trust while you were married in order for such a deed or deed of trust to be valid (unless it was a purchase money deed of trust signed by your spouse alone in connection with property he purchase in his own name only.

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  • Where do a financial service company get a package to operate in lending in the state of North Carolina

    Gary’s Answer

    If the loans will be secured by residential 1-4 family residential properties, a license to lend under the N.C. SAFE Act likely will be required Information and applications can be obtained from the N.C. Commissioner of Banks.

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  • My sister andi own a home together in nc which i live in. can she force me to sell it? what are my rights?

    Gary’s Answer

    I do not believe that your sister can just throw your property out of the home or physically force you out. Your comment regarding responsibility for the home equity loan is confusing, because if you and she are co-owners, a deed of trust would only be valid if you AND your sister, as well as your respective spouses, signed a deed of trust. She alone could be on the note, but all of you would need to sign the deed of trust to validly encumber the property. As co-owners, you AND your sister are responsible for taxes and insurance unless you contractually agreed otherwise in writing.
    Generally speaking, co-owners of real estate must agree upon all matters affecting the property. If agreement cannot be reached, an aggrieved co-owner has a remedy. They can petition the court to "partition" the property. There are two types of partitions. A partition in kind and a partition by licitation. Courts prefer a partition in kind, i.e. where the property is physically divided into parcels conforming with the ownership interest. For example, a 10 acre parcel might be divided into two 5 acre parcels where the ownership is 50/50 between two people.
    Yet, if property cannot be divided so that the value of the parts is equal to or greater than the value of the whole. A partition in kind will not be allowed. Further, if there is little land and a home, partition in kind will not be allowed, because the home cannot be divided into equal parts. On the other hand, where the property consists of a lot of land and a small home, the property might be able to be divided into a small parcel with the home on it and a large parcel of the remaining land so that each parcel had an equivalent value. The court appoints commissioners and possibly a surveyor to decide if the property can be divided/partitioned in kind. This is a factual determination.
    If the property cannot be divided in kind, it is partitioned by licitation. This involves the commissioners selling the property (generally at a public sale though private sales are allowable). After the costs are paid, i.e. taxes, lawyers, etc., the net sales proceeds are split according to the ownership interests.
    It often is better for co-owners to swallow hard and work out a less than totally satisfactory arrangement for the property, because a sale on the courthouse steps generally does not bring the highest and best value for property.

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