Legal Question in Real Estate Law in North Carolina
If a parent deeds land to multiple children and maintains lifetime rights then asks them to give land back in order to divide the land and sell the timber, what can be done if one does not comply and refuses to give the land back? And what happens to the land upon the parent's death if only one has not given the land back?
1 Answer from Attorneys
You should speak to a real estate attorney. There is no way to force the sibling to turn over their share. If they refuse to do so, any transfer will make the record title very confusing and would cause most attorneys to refuse to give a title opinion. Until the sibling turns it back over, the only way to do this would be to force a partition sale, which is costly and would result in the sibling being paid for their share.
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