Statute of Limitations for Encroachment on an Easement -
Injury to easement versus removal of encroachment distinguished -
In our 2014-2015 Update we reported on the decision issued by the North Carolina Court of...more
A snapshot of noteworthy cases from the Spring terms of the North Carolina appellate courts related to lending practices, property rights and construction in North Carolina -
Money -
FORECLOSURE: -
Lender...more
5/11/2016
/ Acceleration ,
Arbitrators ,
Blue Pencil Contract Modification ,
Breach of Contract ,
Collateral Estoppel ,
Contaminated Properties ,
Damages ,
Eminent Domain ,
Foreclosure ,
Late Payments ,
Lenders ,
Mandatory Arbitration Clauses ,
Mechanics Lien ,
NC Supreme Court ,
Real Estate Market ,
Receivership ,
Subcontractors ,
Subordination Agreement ,
Takings Clause ,
Venue
Inverse Condemnation:
Nies v. Town of Emerald Isle, COA15-169 (November 17, 2015). The Town of Emerald Isle established a beach nourishment project extending the mean high water mark seaward, and regulating vehicles...more
MONEY:
GUARANTORS CAN NOW RELY ON G.S. §45-21.36 VALUE DEFENSES -
By statute in North Carolina, G.S. §45-21.36, certain obligors may defend a deficiency action where the bank is the successful bidder by arguing...more
5/12/2015
/ Accelerated Payments ,
Commercial Loans ,
Deed of Trust ,
Deficiency Judgments ,
Eminent Domain ,
Extortion ,
Foreclosure ,
Guarantors ,
Loan Modifications ,
Mortgage Lenders ,
Negligence ,
Property Valuation ,
Real Estate Development ,
Statute of Frauds ,
Unfair or Deceptive Trade Practices