Legal Question in Real Estate Law in North Carolina

Does a grand daughter have rights over two surviving daughters because they never paid the taxes on the heirland.the grandaugher rented the house out and kept the money and paid taxes with the rent money. she never gave the daughters a dime. even though the daughters have the deed.

Asked on 6/24/10, 8:06 am

1 Answer from Attorneys

Where is the real property located? I am assuming it is in NC. I am licensed to practice only in GA, PA & NC, so if it is located elsewhere, please seek the advice of an attorney in that state.

The answer is no. The only people who could seek partition of the real property would be someone who is a co-owner as listed on the deed, not a tenant.

If the daughters permitted the granddaughter to rent the home and pay the taxes, then the granddaughter is a tenant. The granddaughter acquires no ownership rights by adverse possession because she is there with permission of the property owners. Once the permission is withdrawn and the granddaughter does not leave seek eviction immediately. Otherwise, the granddaughter may be able to claim adverse possession, but she would have to live on the property for 20 years. The time clock would start from whenever permission to rent is withdrawn.

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Answered on 6/24/10, 3:42 pm

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