Adkins & Purkey, PLLC

By Chris Purkey | Adkins & Purkey, PLLC

Real estate disputes often develop slowly and then become urgent. A neighbor installs a fence, blocks a driveway, cuts trees, redirects water, challenges an access road, or announces plans to build near a disputed line. A title search uncovers a break in ownership. Co-owners cannot agree whether to sell. Because land is unique, a check for damages may not fully solve the problem.

For property owners in Locust, Albemarle, and throughout Stanly County, the first task is to identify the legal right actually in dispute—not simply the latest disagreement between the parties.

Common types of North Carolina real estate litigation

Boundary and encroachment disputes

Recorded deeds may use old descriptions, monuments that no longer exist, or references to neighboring tracts that have changed. A modern survey may place the line somewhere different from an existing fence, driveway, garage, or landscaping. The parties may dispute the controlling deed, the surveyor’s interpretation, or whether years of possession affect the result.

Easement and access disputes

An easement allows one person to use another person’s land for a defined purpose. Disputes arise over whether an easement exists, who may use it, its width or location, maintenance responsibility, gates, commercial traffic, utilities, and whether the use has expanded beyond what was granted.

Title and ownership disputes

Problems may arise from inconsistent deeds, missing heirs, forged or unauthorized transfers, mistakes in legal descriptions, unreleased liens, estate issues, or conflicting claims. A quiet-title action or other relief may be needed to establish ownership or remove a cloud from title.

Partition and co-owner disputes

Family members, heirs, former partners, or investors may own land together but disagree about its use, expenses, improvements, or sale. Partition proceedings can result in division or sale depending on the property and applicable law. The North Carolina Judicial Branch notes that certain boundary and partition matters may be referred to clerk mediation.

What evidence matters?

Preserve deeds, plats, surveys, closing files, title policies, photographs, repair invoices, tax records, communications, and evidence showing the history of the property’s use. Avoid moving survey markers or altering disputed areas. When conditions may change quickly, dated photographs and a prompt professional survey can be important.

Possible remedies

Depending on the claim, a court may determine title or boundary location, declare easement rights, order a partition or sale, award damages, or enter an injunction requiring a party to stop or correct conduct. Cases involving title to real estate are treated differently from ordinary money disputes; the Judicial Branch explains that they are not part of the ordinary court-ordered arbitration program.

Can the dispute be resolved without trial?

Often, yes. A written agreement, corrective deed, easement amendment, survey agreement, maintenance arrangement, purchase of the disputed strip, or mediated settlement may solve the practical problem more efficiently. Any resolution affecting land should be documented carefully and recorded when appropriate.

Act before the dispute becomes the property

Delay may increase construction costs, harden positions, complicate evidence, or affect a later sale or refinance. North Carolina limitation periods vary by claim. For example, G.S. 1-52 addresses three-year periods for several claims, including certain trespass and contract actions, but other property claims have different rules.

For transactional prevention, see our guide to real estate closings in Stanly County. For everyday conflicts, read our article on neighbor and property-line disputes.

This article is general information, not legal advice. Property disputes are document- and fact-specific, and deadlines can affect available remedies.