Civil Disputes

Whether you are the person bringing a lawsuit or are being sued by someone else you make think that the only way to resolve the issue is by a trial in court. However, mediation is one alternative to a trial…

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…

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…

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

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…

Is Your Neighbors Water Draining onto Your Property?

Maybe your neighbor has water from their yard 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 neighbors and wonder if…

The Dangers of Not Registering Your Trademark Federally

A Cautionary Tale of Burger King In 1957, Gene Hoots opened the doors to his restaurant called Burger King in Mattoon, Illinois. He served burgers and ice-cream to the town’s residents and had a profitable business. However, this is not…

Digital Millennium Copyright Act (DMCA)

Imagine that you watched an episode of “Hell’s Kitchen” involving a hilarious scene of Gordon Ramsey berating a contestant after raw halibut is sent back to the kitchen. You decide that it’s so funny that you want to share that…

Protecting your Business from Copyright Infringement

What is a Copyright? A Copyright is a form of intellectual property that protects creative works. A Copyright owner usually receives benefits such as the exclusive rights to reproduce, adapt, and distribute copies of the protected work. The degree of…

The Four W’s of Trademarks

What are Trademarks? Trademarks are marks, words, phrases, symbols, or designs that are used to indicate the source or origin of any goods from those of others. Service marks are marks, words, phrases, symbols, or designs that are used to…

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…

Glasses and magnifying glass on top of an open book

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…

Right-of-Ways in North Carolina

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…

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

Are you a landlord that needs to evict tenants from your property? In North Carolina, the law protects tenants from being suddenly and immediately kicked out of a residence by their landlord. Landlords have specific procedures to follow and time…

Adverse Possession of Real Property