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Tag Archives: Real Property

Tort/Negligence – STCA – Real Property – Environmental – Administrative – Septic System – ‘Perk’ Test – Expert Testimony – Common Knowledge (access required)

Russell v. N.C. Department of Environment & Natural Resources Since the evidence indicated that, when plaintiffs’ lot was supposedly tested for septic tank suitability, the soil sample was apparently taken from a different lot, expert testimony was unnecessary to show professional malpractice. We affirm the Industrial Commission’s conclusion that defendant was negligent; however, we reverse the damage award and remand for further proceedings on this issue.

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Real Property – Contract – Implied in Fact – Private Road & Lake Upkeep – Easement (access required)

Lake Toxaway Community Association, Inc. v. RYF Enterprises, LLC The trial court’s uncontested findings of fact show that defendant and its predecessors used the lake and private roads within Lake Toxaway Estates, thereby benefiting from having well-maintained private roads and a well-maintained lake and dam. These findings of fact support the trial court’s conclusion that, implicit in defendant’s acceptance of the benefits of using the roads and the lake was an agreement to pay for the maintenance and repair of the roads and lake.

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Contract – Real Property – Contractor & Developer – Failure to Prepare Lots (access required)

Jordan’s Construction, Inc. v. Forest Springs, LLC The parties’ contract required the plaintiff-contractor to buy 80 lots from the defendant-developer once certain conditions were fulfilled to prepare the lots for development. The developer apparently never prepared the lots, never gave the contractor notice that the lots were prepared, and never responded to the contractor’s written notice of breach (provided pursuant the contract); hence, the developer breached the parties’ contract.

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Civil Practice – Collateral Attack – Real Property – Mortgages – Foreclosure – Notice (access required)

In re Foreclosure of Beauchemin The appellant-owners of the real property in Jackson County stipulated that they received notice of the Jackson County foreclosure. In this Jackson County action appellant Richard Beauchemin may not collaterally attack the foreclosure notice sent to him involving property his business owned (before foreclosure) in Haywood County.

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Real Property – Restrictive Covenants – Building Deadlines – Remedies (access required)

Properties of Southern Wake, LLC v. Fidelity Bank Although the plaintiff-developer’s restrictive covenants required construction to begin within nine months of the purchase of a lot, if a buyer failed to begin construction on time, the only remedy set out in the covenants was the developer’s re-purchase of the lot, at the developer’s option.

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Civil Practice – Judicial Admission – Real Property – Trusts & Estates (access required)

Turner v. Hammocks Beach Corp. Where the N.C. State Board of Education made judicial admissions disclaiming any interest in a trust that administers real property in Onslow County, and where the Board admitted that it “may not serve as successor trustee,” the trial court should not have appointed the Board as trustee of the trust.

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