All Forum Posts by: Nona Boyle

Quote from @Tim Miller:

The retaining wall, do you know who's property it legally sits on? It doesn't matter who said it's his or it's yours. Where is the actual property line, that will tell you who is responsible for the wall.

We found our metal survey markers with a metal detector and was able to determined that our retaining wall belonged to us. If you can't fine your survey markers, you may need to get your property surveyed. Once that's done, then you can move forward with who needs to fix it.

The retaining wall is sitting in the middle of the property line, the one side of the retaining wall is on my side and the other side of the retaining wall is on the other property's side. 

Should I provide a blueprint copy of my property line, if I file a complaint? Or, should I get a surveyor to provide something?

I just want to cover myself in the event of any potential future issue.

I am having an issue with the property owner next door who uses that home as a rental property. He has listed the property under an LLC.

So I have researched to assess that I can file a complaint through the Attorney General's Office. However, I'm trying to assess if anyone has had any similar issue with the maintaining of a retaining wall.

The retaining wall was built back when all of the properties were built. As some of the homes on this street are built on a slight hill that declines as you go down the street.

My home is on the upper part of the hill, so my property sits on a bit of a higher elevation in contrast to the neighboring home, but the retaining wall runs along both of our property lines.

Back in 2018, I had some damage due to a hurricane and a large tree that was in my yard fell on my fence, but it fell towards the neighbor's property. State Farm covered the damage of removing the tree and replacing the damaged fence.

I did not notice at the time, but the retaining wall that ran along that part of where the tree fell damaged the retaining wall. State Farm left it to me to try to get that property owner to file a claim through State Farm, that would not cost him anything, nor would it go against him in any way, but he refused.

One of his tenants had a dog and when that dog saw my dogs, the dog would dig and dug a huge hole where the missing retaining wall is supposed to be, so my dogs could get out and potentially attack that dog, etc.

So I temporarily had to block that hole, but I am trying to assess the best course of action.  That property owner put the sole responsibility of the retaining wall solely on me as it being my responsibility to repair and maintain it.

Furthermore, the tenant's kids took some of the cinder blocks from the section of the retaining wall in the front of the yard and used them to mount their basketball goal.

**If I have redo the retaining wall, I'm assessing leaving the damaged wall and just trying to have another wall built behind it and behind my fence.

Has anyone had any experience with a retaining wall like this? If so, what was the outcome? 

Quote from @Shane H.:

@Nona Boyle

What is the actual issue here? Your questions and responses are confusing.

There is no confusion in my responses and I got the answer.

Theres a difference between hiring an outsode company and hiring an employee at your company... otherwise every maintenance man would need a contractor license, the receptionist at the apartment building would needna real estate license. Etc. Can you give us the scenario so you can get a proper answer?

Quote from @Jiri B.:

You would need to hire a broker in charge who would associate with your LLC and then obtain a firm license for your LLC.

Your information is precise. I called the N.C. Real Estate Commission back and let them know that the property manager is not the owner and she is does not have a real estate license. 

Quote from @Drew Sygit:

@Nona Boyle maybe it was your intent to ask this question, but it's not what you initially wrote:)

Most states allow an owner to manage their own properties without a real estate or brokers license.

You may want to confirm though, how many properties (even though you own them all) you can sell per year without a license. 

 I could only post a limited amount of characters in the subject line. 

According to the N.C. Real Estate Commission, a person can sell, lease and even provide property management to their properties. 

I probably need to call them back to double check, because the person has someone working for them to do the property management. 

I'm surprised that so much is allowed with any type of real estate license at all.

Quote from @Jiri B.:

You would need to hire a broker in charge who would associate with your LLC and then obtain a firm license for your LLC.

Thanks for your response. I spoke with the N.C. Real Estate Commission and according to them, a person can operate a property management company over their own properties without any real estate license. I would have thought a real estate license would be required, but I guess not.

Can someone who has a real estate LLC, lease and sell properties with no real estate license?

Do they not also need a real estate license to be able to lease properties, provide property management, operate a real estate leasing company and to sell property in NC???