Right of Way / Road Maintenance agreement specified as part of deed.

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Right of Way / Road Maintenance agreement specified as part of deed.

Situation: Property located in NC. Owner rents property in subdivison, but lives in ID. Is there a legal way to file a small claims suit against owner in the county where the property is located?

Asked on June 19, 2009 under Real Estate Law, North Carolina

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I'd suggest that you call or write the clerk of the small claims court in your county.  Most courts these days have that information posted on the internet, and you should also be able to find at least a main number for the county courts in your telephone book.  I'm not a North Carolina attorney, and small claims court procedures do differ from one state to the next.

Some states don't allow suits against out-of-state residents in small claims, only in the "regular" court, so if that's true in North Carolina, you might want to consider hiring an attorney, and one place to find a qualified lawyer in your area is our website:  http://attorneypages.com

But it is pretty much always true that lawsuits involving land have to be brought in the court where the land is, and it doesn't matter where the owner lives.


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