In a recent unpublished decision, the North Carolina Court of Appeals provided further insight into how restrictive covenants interact with the state’s Marketable Title Act....more
7/14/2025
/ Appellate Courts ,
Land Use Restrictions ,
Land-Use Permits ,
Property Owners ,
Property Ownership ,
Real Estate Development ,
Real Estate Transactions ,
Residential Property Owners ,
Residential Real Estate Market ,
Restrictive Covenants ,
Statutory Interpretation ,
Zoning Laws
The North Carolina Court of Appeals recently decided H/S New Bern, LLC v. First Berkshire Properties, LLC, which establishes important precedent regarding stormwater management obligations and trespass liability in...more
6/13/2025
/ Calculation of Damages ,
Commercial Property Owners ,
Construction Project ,
Damages ,
Easements ,
Environmental Litigation ,
Injunctive Relief ,
Property Owners ,
Real Estate Development ,
Storm Water ,
Trespass ,
Waste Management
The Supreme Court of North Carolina recently issued a landmark opinion regarding the North Carolina Real Property Marketable Title Act (the "Act") and its effect on covenants that have burdened residential real estate for...more
The North Carolina Court of Appeals recently issued a landmark opinion regarding the North Carolina Real Property Marketable Title Act (the "Act"). The case is C Investments 2, LLC v. Auger et al., 2021-NCCOA-209 ("C...more