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Tag Archives: Real Property

Contract – Real Property – Real Estate Agent – Commercial Lease – Commission (access required)

Gunn v. Simpson, Schulman & Beard, LLC A real estate agency allegedly represented a commercial tenant in its search for office space to rent. Although the agency contends it was not paid the commission due when the defendant-landlord leased property to the tenant, the complaint does not allege any contract between the agency and the landlord. Therefore, the complaint does not state a breach of contract claim against the landlord. The real estate agency’s claims against the landlord are dismissed.

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Real Property – Deeds – Right of First Refusal – Unreasonable Restraint (access required)

Taylor v. Miller When the defendant’s and plaintiff Taylor’s marriage ended in 1994, they deeded land to Taylor but gave the defendant a right of first refusal to purchase the land at a fixed price. The defendant did not prove that the fixed-price right of first refusal was part of a negotiated property settlement, but plaintiff Taylor failed to prove that the right of first refusal was unenforceable. We reverse and remand for further proceedings.

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Tort/Negligence – Public Employees – STCA – Environmental – Real Property – Septic Tank Testing – Bribery Scheme – Intent to Injure (access required)

Crump v. North Carolina Department of Environment & Natural Resources An environmental health specialist had been bribed to test land and deem it suitable for septic systems, and he made such a finding as to the lot plaintiffs wished to buy. However, plaintiffs were not involved in the bribery scheme, and the specialist did not intend to harm plaintiffs; therefore, plaintiffs can recover against the defendant-agency under the Tort Claims Act. We affirm the Industrial Commission’s award in favor of plaintiffs.

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Contract – Real Property – Improvements – Subcontractor’s Liens – Unenforceable – Ground Leases (access required)

Pegram-West, Inc. v. Sandra Anderson Builders, Inc. Even though the plaintiff-subcontractor filed both claims of lien and notices of claim of lien, in the complex development scheme at issue, the subcontractor’s interests – against every party except the now-dissolved contractor – were defeated by deeds to private owners on some of the lots and by foreclosure of prior deeds of trust on other lots. We affirm the trial court’s order discharging the subcontractor’s claims of lien and notices of claim of lien.

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Real Property – Restrictive Covenants – Amenity Fees – Unenforceable – Golf Courses (access required)

Watford v. Midsouth Golf, LLC Since a community’s property owners are not permitted to sue to enforce the community’s declaration of covenants, the property owners are not third-party beneficiaries of the declaration, and the golf course owner cannot require them to pay amenity fees. We affirm summary judgment for the property owners.

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Real Property – Restrictive Covenants – Assessments Authority – Civil Practice – Collateral Estoppel – Prior Collection Action (access required)

Snider v. Tull’s Bay Colony Property Owners Association, Inc. In a prior action by the defendant-property owners’ association to collect an assessment against the plaintiff-owners, the trial court ruled that the restrictive covenants in plaintiffs’ deed did not give the association authority to impose assessments. Although the association amended its bylaws to apply the Planned Community Act to the parties’ subdivision, the association is nevertheless collaterally estopped from imposing assessments. We reverse the trial court’s grant of summary judgment in favor of the association. Plaintiffs are entitled to judgment as a matter of law.

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Contract – Real Property – Improvements – Subcontractor’s Liens – Unenforceable – Ground Leases (access required)

Pete Wall Plumbing Co. v. Sandra Anderson Builders, Inc. Even though the plaintiff-subcontractor filed both claims of lien and notices of claim of lien, in the complex development scheme at issue, the subcontractor’s interests - against every party except the now-dissolved contractor - were defeated by deeds to private owners on some of the lots and by foreclosure of prior deeds of trust on other lots. We affirm the trial court’s order discharging the subcontractor’s claims of lien and notices of claim of lien.

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Domestic Relations – Equitable Distribution – Arbitration — Real Property – Investment & Retirement Accounts (access required)

Barton v. Barton Where the defendant-husband engaged in frequent trading activity during the parties’ marriage, and the investment account increased in value by $201,937, the arbitrator could conclude that the account’s increase in value, after the date of marriage and before the date of separation, was not passive appreciation and was property acquired by the marital estate. We affirm the trial court’s order adopting the arbitration award in part. We reverse and remand in part.

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Civil Practice – Contempt – Consent Order – Real Property – Receiver – Income & Expenses – Ability to Comply – Ability to Purge (access required)

Wells Fargo Bank, N.A. v. Winston-Salem Investors, LLC Contrary to defendant’s argument that the consent order permitted defendant to pay the operating expenses of its income-producing real property, the consent order unambiguously provided that defendant was to turn over all income, cash and funds to a receiver who was to “pay all appropriate operating expenses.” Accordingly, defendant’s argument that the consent order is ambiguous lacks merit. We affirm the trial court’s order holding defendant in contempt.

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Real Property – Street – Implied Dedication – Civil Practice – Appeals – Mandate on Remand (access required)

Town of Matthews v. Wright Where this court remanded only for proceedings to determine whether the defendant-property owners had made an implied public dedication of a street designated as “Home Place,” the trial court should not have allowed evidence and ruled on other methods of public dedication. Since the plaintiff-town failed to produce evidence relevant to an implied public dedication, the trial court erred by denying defendants’ motion to dismiss. Reversed and remanded.

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