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Updated about 6 years ago on . Most recent reply

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Beth Cannon
  • Rental Property Investor
  • NC
5
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25
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In NC what constitutes abandonment?

Beth Cannon
  • Rental Property Investor
  • NC
Posted
Can someone please direct me to the North Carolina law that tells me exactly what constitutes abandonment of a building? This is a SFR. Don't need to know about personal property, just the building itself. I am getting different answers from attorney, property manager, and other landlords.

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Davido Davido
  • Rental Property Investor
  • Olympia, WA
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Davido Davido
  • Rental Property Investor
  • Olympia, WA
Replied

@Beth 

@Beth Cannon  Please not that the above General Statute applies to both Real Property and Personal Property but the rules are different for each.  You may also want to check out the North Carolina law on Trespass. https://law.justia.com/codes/north-carolina/2015/c... or read an attorney's page regarding trespass (Attorneys pages are trying to sell their services).- http://www.kirkkirklaw.com/practice-areas/criminal...  

In my state or Washington, it is a defense to trespass that the property was abandoned, even implicitly abandoned -meaning if you can show that on the facts known to you a reasonable person would have concluded the property was abandoned, then you should be able to defend against a charge of trespass.  https://wittlegal.com/blog/i-was-accused-of-trespa...     Research North Carolina law on implicit abandonment.

Abandoned Real Estate is a complicated area of the law and few attorneys ever deal with it.  That is why even attorney's typically don't know the answers until they spend recent time researching the issues.  You must rely only on the North Carolina Statutes and court cases for your final decisions, but I suspect you'll find these Wiki pages of help in getting started. https://m.wikihow.com/Acquire-Abandoned-Property#A...   https://www.wikihow.com/Prove-Implied-Consent-in-T...

Best Wishes

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