Tenant’s Rights in Foreclosure UPDATE

February 28th, 2017 | Posted in Consumer Law, Real Estate Litigation, Unfair & Deceptive Trade Practices

I have previously written about the protection tenants have when their landlord gets foreclosed on their rental property. The main protection for renters was the federal law entitled “Protecting Tenants at Foreclosure Act of 2009.” Unfortunately, that law expired on December 31, 2014 and a new federal law has not been passed to take its …Read More

Mold Invasion

December 1st, 2016 | Posted in Real Estate Litigation, Toxic Mold Cases

I’ve done a few mold cases in my career, and turned down a lot more. Mold requires water to grow, so the first thing I do when evaluating cases where people are complaining of mold is to determine where the water is coming from. Frequently mold is just the symptom of a much larger construction …Read More

Privacy Invasion

July 22nd, 2016 | Posted in Law for Non-lawyers, Real Estate Litigation

One of the issues with drones as I’ve touched on before is their ability to invade a person’s privacy. Other than the FAA regulations, claims may be made against the drone operator under long-standing North Carolina law. Although other states may have additional protections, the privacy protection in North Carolina that may help against drones or …Read More

Private to Public Roads

April 1st, 2016 | Posted in Business Litigation, Construction Litigation, Consumer Law, Homeowner Associations (HOA) Law, Real Estate Litigation

Usually when a new planned community is build, the developer will build and install the infrastructure of the neighborhood, including the roads. At this time, they, along with all the lots and common areas, are owned by the developer. The developer should also incorporate a homeowner’s association at this time. The developer will then typically …Read More

Good Fences Make Bad Neighbors

February 5th, 2016 | Posted in Real Estate Litigation

Movies and sitcom episodes have been made about feuding neighbors. One way is so prevalent that it has entered the language of the law. While a landowner has the right to build a fence along her boundary line, that right is not absolute. The “spite fence” is one that is of no beneficial use to …Read More

This Land is Your Land; This Land is My Land.

July 31st, 2015 | Posted in Real Estate Litigation

When I was in law school at the University of North Carolina, I remember learning and studying and sweating out an exam question regarding the principle of adverse possession. I also remember thinking there was no way I was ever going to need all this weird real property law in the 20th and the soon …Read More