Land Partition Rules In North Carolina
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A partition action usually takes between six to nine months depending on the circumstances and the complexity of each case. The most significant factor is whether the partition is being handled by an attorney who practices only in partition law.
In North Carolina, courts will order the encroaching landowner to remove the encroachment regardless of his intent. Therefore, the encroaching landowner must meet the neighbor's demands for waiving a mandatory injunction to compel removal or prepare to move the encroaching portion of the structure.
Partition proceedings in North Carolina provide a legal solution for co-owners who cannot agree on the use or disposition of shared property. Whether through actual partition or partition by sale, the process ensures that all parties' rights are protected and the property is divided equitably.
Boundaries. § 38-1. Special proceeding to establish. The owner of land, any of whose boundary lines are in dispute, may establish any of such lines by special proceedings in the superior court of the county in which the land or any part thereof is situated.
Partition proceedings in North Carolina provide a legal solution for co-owners who cannot agree on the use or disposition of shared property. Whether through actual partition or partition by sale, the process ensures that all parties' rights are protected and the property is divided equitably.
