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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 37855
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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I have property that belonged to my deceased grandmother I

Customer Question

I have property that belonged to my deceased grandmother I have been paying property tax since 1999. It is property in her name only. My question is can I have this property signed over to me.
JA: Estate laws vary by state. What state are you in?
Customer: North Carolina
JA: What documents or supporting evidence do you have?
Customer: I have the deed to the property in her name, plus I have receipts where I have been paying the property tax.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No. I am tired of paying and the property do not belong to me.
Submitted: 4 months ago.
Category: Estate Law
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses, but rest assured, I am working on your question. The website may offer a phone call option, but it is optional.

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Have you been using and maintaining the property in addition to paying the taxes?

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Has anyone else been using it?

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thanks

Barrister

Expert:  Barrister replied 4 months ago.

If you have been the sole person using someone else's property for the statutorily prescribed time under the law, then you can legally claim ownership of it under the doctrine of "adverse possession". In NC, that time must be at least 20 years under NC Statutes § 1-40.

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So if you started using it and paying taxes in 1999, you would have to do so until 2019 to hit that 20 year mark and be able to file a "quiet title" lawsuit against the estate and claim legal ownership of the property.

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thanks

Barrister