Land Disputes in Western North Carolina

Legal disputes concerning real estate ownership and use are common in Western North Carolina. Many of these issues arise from older surveys, outdated equipment, or inherited property with unresolved title issues. At Ferikes Bleynat & Cannon, our experienced land dispute attorneys represent clients in all types of land-related conflicts, from boundary line disputes to title problems and easements. These issues can have significant legal and financial implications, making early legal intervention crucial.

Types of Land Disputes We Handle

At Ferikes Bleynat & Cannon, we assist clients with a wide variety of land disputes, including:

  • Boundary Line Disputes
  • Title Problems
  • Encroachments
  • Liens
  • Restrictions on Property 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 Disputes
  • Right of Access to Property

Common Types of Land Disputes

Most land disputes fall into three primary categories: problems with the record title, claims of adverse possession, and survey issues. Below, we provide an overview of these categories and how they can affect property owners.

Title Problems

Title issues occur when there are conflicts in the recorded deeds or when a deed does not adequately describe the property’s boundaries. Title to real estate in North Carolina is perfected by recording the deed with the Register of Deeds, but errors or conflicts can arise over time. The land dispute attorneys at Ferikes Bleynat & Cannon can review recorded deeds and identify potential problems.

In some cases, title issues can be resolved by obtaining affidavits or additional deeds from previous owners, relatives, or adjoining landowners. In more complex cases, a lawsuit may be necessary to determine who holds legal title to the property.

Adverse Possession

Adverse possession, also known as title by prescription, is a legal doctrine that allows individuals who have possessed land for a certain period of time to claim legal ownership, even if they do not hold a deed. If someone has openly and continuously used or occupied land for a statutory period (20 years in North Carolina, or 7 years if under color of title), they may gain legal title through adverse possession. Disputes involving adverse possession often require legal action to resolve, and our attorneys have significant experience in these types of cases.

Survey Problems

Survey disputes occur when different surveyors produce conflicting results regarding property boundaries. This can happen due to variations in equipment, the interpretation of deeds, or older surveys using outdated methods. Some survey disputes can be resolved by recording corrective deeds or conducting a new survey. In other cases, a lawsuit may be required to determine which survey is legally binding.

Easements and Encroachments

Disputes over easements and encroachments are also common in North Carolina. Easements provide a right of access or use of someone else’s land for a specific purpose, such as utility lines or access roads. Encroachments occur when a structure, fence, or other improvement is built on or crosses over another person’s property. Resolving these disputes often requires a legal review of property deeds and negotiations with neighboring property owners.

Why You Need an Experienced Land Dispute Attorney

Land disputes can have long-lasting implications for property rights. If these issues are not addressed promptly, property owners may lose valuable rights or face costly legal consequences. Our land dispute and litigation attorneys at Ferikes Bleynat & Cannon are skilled at handling complex real estate issues, and we work quickly to protect our clients’ property rights.

Contact Ferikes Bleynat & Cannon for Legal Assistance

If you are facing a land dispute, whether it involves boundary lines, title issues, or easements, the attorneys at Ferikes Bleynat & Cannon can help. We represent clients throughout Western North Carolina and have the experience and knowledge needed to resolve real estate disputes efficiently. Contact us today to schedule a consultation.

Disclaimer:
The content in this blog is for informational purposes only and is not be intended to be legal advice. It is accurate as of the date of publication but may not reflect the most current legal developments. For legal advice specific to your situation, please consult with an attorney.

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