Real Property 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…

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…

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,…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…