In a recent unpublished decision, the North Carolina Court of Appeals provided further insight into how restrictive covenants interact with the state’s Marketable Title Act....more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 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