A “Greenway” is usually defined and promoted as an area or strip of land which is preserved for recreational use or environmental protection – though in most cases other benefits are publicized, as well.  Typically, Greenway land consists of underdeveloped or vacant properties which are acquired by municipal or other government entities through condemnation proceedings or private donation.  Greenways usually connect separate city neighborhoods through a series of pedestrian walkways and trails.     

• Recently, a neighborhood HOA approached me with a question regarding family care homes in North Carolina. The HOA contained covenants and restrictions which limited the use of homes in the neighborhood to single family residences only.   The question was whether an owner in the neighborhood could establish a family care home based on the neighborhood restrictions. Despite the restrictions written in the HOA covenants, the answer is yes, the owner can establish a family care home.

Finding out your property is landlocked with no private or public access to a road is not news that any landowner in North Carolina wants to hear. If you have friendly neighbors that are willing to grant you an easement for access to a road, your problem is solved. However, difficulties may arise and litigation may be triggered when neighbors are not getting along and are unwilling to provide access to the landlocked parcel. With the help of an attorney, there are several methods to enable legal access to his or her property by an easement. 

There is little in the real estate business - or any business for that matter - that is not handled by electronic communications.

Email exchanges are an effective and efficient manner to transact dealings with multiple parties. Most state legislatures have recognized the growing reliance on electronic communications in transacting business and have enacted statutes facilitating the incorporation of such messages into enforceable agreements. North Carolina is one of these states (North Carolina General Statute 66-311, et seq.). 

Love fades away. Marriages end. But the mortgage you agreed to pay remains intact.  A common dilemma faced by many divorcing couples is what to do with the marital residence they have acquired upon separation.  The mortgage debt is often the biggest liability the couple has to split, and divorcing your mortgage isn't an easy task.

Divorce can be a stressful time.  It is a decision that will affect you and your loved ones for a lifetime. When you have decided that you want to move forward with obtaining a divorce, there are a few basics questions to consider. 

1.  When can I file for divorce?

The required period of separation is one year from the date of separation in North Carolina, regardless of whether minor children were born of the marriage.  

2.  When should I meet with an Attorney?

Are you interested in adding real property to your 2016 portfolio before the year ends?  If you have ever been curious about buying foreclosure property and potentially getting a steal, here is a general run down of the procedure and some helpful tips to get you the best deal.  Here is the Sale Procedure:

1. Finding foreclosure properties to buy

In North Carolina, original jurisdiction over power of sale foreclosure hearings rests with the Clerk of Superior Court in the county where the secured property is located.  After years of bulging dockets and responsibilities in other areas growing, Clerks of Court and their Assistant Clerks are looking for ways to move cases and clear off their dockets.  As a result, current trends show an increase in dismissals at all stages of the foreclosure process.  

Branch Banking and Trust Co. V. Peacock Farms, Inc.: What This Means for the Trial Attorney

In an action against several defendants, the Court just granted opposing counsel’s motion for summary judgment or motion to dismiss as to one but not all of the defendants.  There are a number of things going through your mind.  How am I going to deliver this news to the client? What is my litigation strategy moving forward? How does this affect the overall likelihood of success?  Do I appeal the decision?  

Consequences for Failing to Comply With Orders Requiring Loan Modification

As a general rule, any married person conveying or mortgaging property must be joined in the conveyance by their spouse.  There are exceptions to this rule, one of those being a free trader agreement.  

As a follow-up to my blog in the spring of 2016 "West Charlotte River District", I am happy to announce that on November 21, 2016, Charlotte City Council members  quickly and unanimously voted to approve the nearly 1,400 acre development consisting of office space, shops, hotels, apartments, single-family residences, retirement living and open/green spaces.

Renting Your Home: Does this Violate Your Homeowners' Associations' Rules?

Forget Black Friday, Black Monday is Here

It is very interesting to note that in January, the rate of divorce filings increases dramatically beginning on the first Monday after the New Year.  Statistically speaking, divorce filings will spike in January and remain high through March.  So why January you may be thinking?  Is it those New Year’s resolutions?   Was in-law Aunt Bethany’s extended visit over the holidays the straw that broke the proverbial camel’s back?