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Tag Archives: Real Property

Real Property – Mortgages – Foreclosure – Injunction – ‘Application’ – TRO or Preliminary Injunction

Goad v. Chase Home Finance, LLC. In order to have a foreclosure sale enjoined pursuant to G.S. § 45-21.34, a plaintiff must not only file an application with the clerk of court but also obtain injunctive relief before the rights of the parties to the sale . . .

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Real Property – Riparian Rights – Man-Made Harbor – Easements – County – Public Access

Newcomb v. County of Carteret. Despite the fact that Marshallberg Harbor is man-made, since the harbor is navigable, the owners of the land along the harbor have riparian rights. However, those lands are subject to an easement granted to the defendant-county when the harbor was created. We affirm the trial court's summary judgment rulings as to riparian rights and the county's easement. We dismiss the plaintiffs' appeal of the trial court's decision as to the prescriptive easement issue.

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