QUESTION

How can my neighbor legally quick claim half of my backyard on a lake to himself from himself?

Asked on Nov 16th, 2014 on Estate Planning - North Carolina
More details to this question:
I lived on property since 2005. I just bought house and land on September 30 2014. We had land by the water quick claimed to us when we bought the house from the owner. Neighbor claims he quick claimed it to himself from himself and cut down 49 trees that was out privacy fence from neighbors across the lake. This happened a few weeks after we bought the property with a lawyers help and had it quick claimed. How can he do this is it legal and what can we do? We pressed charges of trespass and destruction of property. Unfortunately he pressed the same charges since we marked the cut trees we paint so we could take pics of what he did. With both of us claiming we own the property the case got dismissed. He claims we have no interest in the land, despite the fact we have maintained and improved the land. Also not to mention he knows for a fact that land is where we have buried out pets over the last 9 years and landscaped there. I need help and advice. How can it be legal for someone to do this? The old homeowner should be the only person who can sign over the land and she did to us. This man is incredibly intelligent and has a lot of money. I can’t afford a long legal dispute. We live paycheck to paycheck as it is. I can’t find any info on the statute of limitations or info on how to dispute his claim. Someone please help. What can I do? I plan to appeal and bring character witness whom have lived in our neighborhood and helped us clean out the land on our part of the lake as well as the old home owner. Whom have known us in the neighborhood for the last 9 years unlike our neighbor who just built his house and has lived here for less than a year.
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1 ANSWER

You are going to need to hire an attorney . . . period, end of the story. You now have a "cloud" on the legal title to your property. You need to file a lawsuit to remove the cloud on your title and/or for the court to effectively declare ownership of the land in dispute. This will not be an inexpensive endeavor. However, it must be done or his deed can become effective through "color of title". This litigation is not something that you can handle on your own, unfortunately. I would strongly urge you to find the resources necessary to hire an attorney and proceed with a court action in the very near future. I would also warn you that not many attorneys handle these type of court actions. I would venture that a significant majority of attorneys have never dealt with a "cloud on title" court action. Thus, you need to search carefully for an attorney experienced in such land litigation issues.
Answered on Nov 18th, 2014 at 1:06 PM

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