Civil Disputes

You may have heard the term right-of-way, you may have a right-of-way to get to your land, or you may have one running through your land, but what exactly is a right-of-way? A right-of-way is a type of easement that…

Can My Homeowner’s Association Really Kick Me Out?

If you have ever lived in a community with other people, you likely have experience with a Homeowners Association (or HOA). HOAs are designed to maintain the neighborhood and hold everyone within the community to a certain standard. To be…

I received an Order to Show Cause: Now What?

If you receive an Order to Show Cause, it is generally because the other party in your case believes that you are not in compliance with an Order that the Court has given. For example, if your ex-wife believes that…

Adverse Possession in South Carolina

While somewhat uncommon, it is true that if someone lives on your land long enough, they can obtain rights to that land. Adverse possession, more commonly known as squatters’ rights, is the law in South Carolina. However, there are some…

Why is Manhattan Illegal in North Carolina?

Whether you prefer the hustle and bustle of a walkable urban city or a laid-back rural landscape, ultimately, the decision of which one to live in is left to you. However, in most of North Carolina, walkable cities like Manhattan…

Sublease vs. Assignment: Understanding Your Liabilities

In today’s real estate market, rent payments may be extremely difficult to make. Sometimes we have to take part-time jobs in another city, leave the college apartment for the summer, or any circumstance where we have to pay double rent and need help with…

Property Rights: What Can I Do With My Property?

Property rights are often referred to as a “bundle of sticks.” This metaphor is used to explain that property rights can be held completely by one person, or those rights can be split up and held by multiple people. This…

Unveiling Potential Abusive Practices by HOAs

While Homeowners’ Associations (HOAs) play an important role in maintaining the harmony and aesthetics of a community, there have been instances where some associations have engaged in abusive practices against homeowners. These practices, ranging from unfair fees to discriminatory actions,…

Is Your Neighbor’s Water Draining onto Your Property?

Maybe your neighbor has water from their adjoining property draining onto your property, and you are wondering if they can do this. Or, maybe, on the other hand, you are draining water from your yard into your neighbor’s and wonder…

Shed Woes: Trespass or Just a Nuisance?

Imagine: You’re enjoying your summer day, drinking some tea, watching your kids, and as you are acknowledging your beautiful landscape, you notice a shed on the line of your property that looks like it collapsed and ended up on your side. Someone’s…

How-to-Get-that-Pesky-Easement-Off-My-Land

How to Get that Pesky Easement Off of My Land

While it is not always a simple procedure, there is a consistent way to get easements to be removed from a piece of property. An easement is a legal right that allows people to access one’s land for a specific purpose. It…

Adverse Possession of Real Property

Adverse possession is a legal concept allowing individuals to gain ownership of land property through continuous and open use over a specific period without the original owner’s permission. However, claimants must meet rigorous criteria, such as actual, hostile, exclusive, open,…

Preserving Public Access: The Public Trust Doctrine

The Public Trust Doctrine is a legal principle that asserts certain natural resources belong to the public and must be preserved for future generations. In North Carolina, this doctrine has been recognized and applied to protect and manage vital resources.…

Violating HOA Covenants and Your Homeownership

Living in a community governed by a Homeowners’ Association (HOA) often comes with a set of rules and regulations known as covenants. These guidelines are intended to have a well-maintained neighborhood for all residents. However, homeowners who violate these HOA…

How You Can Help Preserve the Natural Beauty of NC

Western North Carolina and its foothills are known for its natural beauty, open spaces, farmlands, and smokey mountains. However, these natural areas have recently been affected by people moving to rural areas and growing development. The loss of wilderness and…

The Implications of NC’s Pure Race Statute in Recording

Civil Disputes Uncategorized

As you may know, when you buy a piece of real property, such as land, or buy an interest in a piece of real property, you usually receive a record of that transfer, such as a deed, that demonstrates you…

The Service Process in North Carolina

A person is not subject to a court’s rulings in a legal matter until they have been properly served. The legal term “service” is the formal delivery of documents to an opposing party to ensure they are aware of the…

The Implications and Requirements of Adverse Possession

Adverse possession allows a person to obtain title and thus ownership of a property through possessing that property for a certain period. The requirements for adverse possession have been outlined in statute and when those requirements, or elements as they…

Arbitration: A Quicker, More Flexible Path to Resolving Disputes

Arbitration is a process where parties involved in a dispute agree to have their case heard and resolved by an impartial third party known as an arbitrator or an arbitration panel. Unlike a judge in a courtroom, the arbitrator’s decision…

Fencing Feuds: Navigating Neighbor Disputes

More often than not, neighbors are great. Frequently, we rely on each other daily for help taking care of pets, watching our houses while we are away, or borrowing this or that. However, sometimes, disagreements arise and these relationships sour.…

South Carolina Landlord Obligations

The South Carolina Residential Landlord and Tenant Act was enacted to protect tenants and landlords. This law ensures that landlords and tenants of residential areas both owe the other party certain obligations. S.C. Code Ann. § 27-40-440 lays out landlord…

You’ve Been Served: Service in South Carolina

Service occurs when an adverse party is given a summons and complaint stating that a lawsuit has been filed. A summons is essentially a request to appear before the court and a complaint is a document that lays out the…

What is the Eviction Process in North Carolina?

In North Carolina, the eviction process is governed by the North Carolina General Statutes, particularly Chapter 42, and involves several stages and requirements. The eviction process in North Carolina generally involves the following steps: the written notice, filing the eviction…

Drone Use and The Invasion of Privacy

Criminal Disputes Civil Disputes

The fast-growing field of technology has brought us exciting and incredible innovations. Each year, our TVs, smartphones, computers, and vehicles are constantly upgrading. Technology has even brought us new hobbies. For example, a popular hobby for tech enthusiasts is drone…

Defining the Law: Making Sense of Legal Jargon

The legal world can often feel like a labyrinth of complex terminology and jargon. For the average person, understanding legal concepts and deciphering convoluted language can be daunting. However, gaining a basic understanding of common legal terms can empower individuals…

Common Types of Leases

Most people will, at some point in their lives, lease or rent property from someone else. Leasing property is an attractive option for obtaining the right to use and possess real property because it comes with less expense and more…

Protecting Your Trees and Property Rights in North Carolina

Have you ever wondered what happens if someone cuts down a tree on your property without your permission? In North Carolina, there are laws in place to protect you from this scenario. When someone cuts down a tree on your…

Adverse Possession: What Is It and How Can You Prove It?

If a suit is brought against you by a purported owner, to evict you from a piece of land you have been using, you may have a claim for adverse possession. Adverse possession is a claim which can be brought…

Amending Pleadings: Your Path to a Stronger Lawsuit

To start a lawsuit, one must file a complaint that states a claim for relief. This complaint can be fairly straightforward. All that is required is that the plaintiff shows that (1) the court has jurisdiction over the matter; (2)…

Navigating Rent-to-Own Agreements in North Carolina: Understanding Your Rights and Obligations

Civil Disputes Special Education

A rent-to-own agreement is a contract that establishes a landlord-tenant relationship with a catch – the tenant may purchase the property after a certain time has elapsed in which monthly dues were paid to the landlord. These monthly dues will…

Has Your Child Been Suspended from School for More than 10 Days?

It seems like children can get suspended for anything these days. While this can be frustrating for a parent who works full-time and must now juggle a child who is now needing to stay at home for a prolonged time,…

Private Nuisance: Is Your Neighbor Making It Difficult to Enjoy Your Property?

Civil Disputes Business Law

Maybe you moved from the big city to the mountains or countryside and bought a piece of land to enjoy the peace and quiet of the rural setting. However, maybe a dog kennel, cryptocurrency mining factory, or a gun range…

The Importance of Landlord Insurance

Investing in real estate and becoming a landlord can be rewarding, but it also comes with risks and responsibilities. Many unforeseen problems can arise during a landlord’s time. One potential risk? Being sued by your tenants. One important thing for…

Are “Self-Help” Evictions Allowed in North Carolina?

The very short answer to this question is no. A landlord with tenants should never evict a tenant without getting a court involved. The public policy of North Carolina is that to maintain social order, residential tenants can only be…

“Objection, Hearsay!”: A Guide to Common Courtroom Objections

Highly publicized trials, like the recent Johnny Depp v. Amber Heard defamation trial, often create questions about objections made in court. A states rules of evidence are the rules of the courtroom. When an attorney believes that opposing counsel, or a witness…

Defamation on Social Media: Who is Liable for Harmful Posts – The User or the Platform?

In an ever-changing technological universe, social media platforms constantly orbit in everyday life; whether your notification feed provides the latest headlines, entertaining video clips, or updates from followers, are sourced from these websites. Platforms like Twitter, Instagram, Facebook, and Snapchat…

10 Legal Myths

Many people believe that certain laws are absolute when in reality, they are not. Legal knowledge can be confusing, and unfortunately, some myths persist in our collective understanding. To help clear things up, here are 10 legal myths debunked. From…

Understanding Title VII of the Civil Rights Act: Protections Against Employment Discrimination

In professional life, people are hired and terminated on a regular basis. Most employees are at-will employees, meaning employees can leave whenever they please. But that also means the employer can terminate the employee at any time. According to the…

Housing Discrimination

Housing Discrimination Unfortunately, discrimination still occurs today, including in the housing market. However, there are federal protections put into place to help prevent discrimination when renting or buying a home, as well as other housing related activities. A main source…

What Decisions Can You Make as a Client?

Are you currently involved in a legal dispute or in the process of seeking a lawyer? As a client or potential future client, it is important to know what decisions are yours to make and what decisions are your lawyer’s…

new house, real estate agent holding house key

Establishing Good Title: The Importance of Recording Deeds in North Carolina

Congratulations! You’re the owner of a shiny, new piece of property; it’s a nice plot of land you plan to build on in the coming years. You paid for it, your name is on the deed, and it is all…

Adverse Possession: When is Theft Ok?

One thing people often mention when discussing property concerns is the notion of “squatters rights.” Luckily, “squatters rights” as often described by people do not technically exist. The feared scenario of hippies breaking into your home while you are on…

Homeowners Association written on a model house

Homeowner’s Associations

Homeowner’s Associations (or HOAs) can be a very positive benefit for a housing development. However, there are numerous and common problems that can stem from HOAs. Most HOAs have sections in the agreements signed with homeowners that detail how disputes…

What is Adverse Possession?

Adverse Possession is one of the most controversial legal doctrines that still exists in modern practice. In essence, it is a mechanism whereby one can go onto someone else’s real property (i.e., land), occupy, possess, and use it for long…

What are interrogatories used for?

If you have become involved in litigation, either as the plaintiff or the defendant, you may have been served with interrogatories and document requests. If so, your case has progressed passed the initial pleadings stage where the parties set out…

What are Unfair and Deceptive Trade Practices

Sometimes in dealing with another person or another business they do something wrong or unfairly. But not all seemingly unfair actions fall into unfair trade practices. In fact, very few do. The law holds that generally people should not be…

How Criminal Confessions Hold Up in Court After State v. Lynch

Real Property Disputes Civil Disputes

According to the North Carolina Center on Actual Innocence, many people confess to crimes they did not commit. Approximately 25% of people exonerated on DNA evidence falsely confessed or pled guilty to a crime they did not commit. This is…

What Rights Do Tenants Have in South Carolina?

Renting has its perks, but what happens when the landlord isn’t keeping up their end of the deal? The answer depends on what is in your leasing agreement, but there are a few rights that a tenant has when their…

street lined with homes and blooming trees

Can My HOA Do That?

A common interest community is a planned residential development where all properties are subject to a comprehensive private land use restriction that is regulated by a homeowners association (HOA’s). Homeowner associations are responsible for enforcement of the “plan and scheme…

I Got Sued

You’re preparing a meal for your family and there’s a knock at the door. You answer and a Sheriff’s Deputy is standing there with paperwork. Scared to death that someone is hurt or there’s an emergency, you excitedly open the…

Partition Proceedings In North Carolina

Two common ways people come to jointly own property is through inheritance, or when jointly buying a vacation home. When all joint owners are getting along, everything is great. However, it is common for disputes to arise over jointly owned…

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Asking For Witnesses and Trial Documents in Discovery

North Carolina has an interesting rule that prevents you from asking for witnesses and trial documents in discovery. The case is King v. Koucouliotes 425 SE2d 462 (1993), where Judge Greene laid down a bright-line rule on questions during discovery…

Do Not Fear Retaliation From the School

Section 504 of the Rehabilitation Act of 1973 prohibits retaliation.[1] If you, as a student, parent, teacher, or other person whose life may be affected by the school, bring a complaint to the school about a potential civil rights violation,…

When You Find Yourself Googling “Help with 504 Plan”

Whether your child’s school has said something to you, or you just suspect your child may be an exceptional child, you have found yourself on the internet searching “504 plan,” and you’re not sure what’s coming next. Unfortunately, there can…

Are Your Neighbors Infringing on Your Property?

Do you share property use with a neighbor? If so, over time and change of ownership issues may have surfaced regarding easements. So exactly what are your rights and perhaps more importantly how do you enforce them? Easements are property…

Exceptional Child Athletes

It can be tough for exceptional children who have an interest in playing sports. It may be that a child with a disability can run, jump, swim, etc. just as well as his or her non-disabled peers, but what if…

Easement Disputes Between Neighbors

A common neighborly dispute is a dispute over an easement. An easement is a legal right that allows a person to use someone else’s land for a specific purpose. An easement is most commonly created by an explicit grant in…

Girl Holding Crayon Coloring White Paper

Carter Cases

If you have found yourself in a battle with your child’s public school over his or her Individualized Educational Plan (IEP), and you have removed (or are intending to remove) your child from that school and enrolled him or her…

Man Holding U.s Dollar Banknotes and Black Leather Bi-fold Wallet

I Can’t Afford a Lawyer

We hear it all the time. For one reason or another, there are many people who genuinely need a lawyer’s help but can’t afford to hire one. Such a circumstance is certainly true for many parents of children with special…

IEP, Individualized Education Plan, spelled in wood letters

You Need a Lawyer for Your Child’s IEP Battle

If you are battling with your child’s school over some aspect of your child’s Individualized Educational Plan (IEP), you need a lawyer’s help. Okay, you may not “need” a lawyer, but you are far better off having one help you. …

Specific Performance in Real Property Dispute

Specific performance is a remedy that a court may give in a breach of contract action. The court orders the breaching party to comply with the contract. In a real property dispute, this may require the breaching party to sell…

IEP’s and Your Child’s Rights

When it comes to developing an Individualized Educational Plan (IEP) for your child, you may disagree with the school over the accommodations your child needs. When that happens, you need to know your options to resolve the dispute and make…

North Carolina Condemnation and Eminent Domain Cases

Eminent domain gives the government the power to take private property and use it for a public purpose. The most important limitation on this power is that the landowner must receive just compensation for this taking. If you are facing…

Malicious Prosecution Cases in South Carolina

A malicious prosecution claim may arise when someone has abused our justice system in an attempt to harm you. If they caused a false criminal charge to be filed against you or made up a frivolous lawsuit, you may be…

Credit Card Debt Lawsuits in North Carolina

Creditors can sue you if you fail to pay your credit card debt. If they win their case, a court will issue a judgment against you which gives the creditor the ability to file a lien in the public records.…

Amendments to Home Owner Association Declarations

More and more, residents who are a part of common-interest-developments come asking about their rights and remedies available to them when their homeowner’s association amends their declaration. Homeowner’s associations are organizations in a subdivision, planned community, or condominium that makes…

Can a homeowner’s association put a lien on my home?

Homeowner’s associations are designed to manage and maintain your neighborhood. Usually the rules and regulations of the HOA are laid out in what is known as the Declaration of Covenants, Conditions and Restrictions (CC&Rs). The CC&Rs often contain methods for…

How to Evict Tenants in North Carolina