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Tag Archives: restrictive covenants

Attorneys – Discipline – Conflict of Interest – Real Property – Restrictive Covenants (access required)

North Carolina State Bar v. Sossomon. (Lawyers Weekly No. 10-16-0898, 20 pp.) (Rick Elmore, J.) Appealed from the State Bar. N.C. App. Unpub. Holding: When the defendant-attorney represented a woman who was selling land that had been in her family ...

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Real Property – Civil Practice – Findings of Fact – Restrictive Covenants – Fee Assessment (access required)

Chleborowicz v. Inlet Point Harbor Boat Owners Ass'n Inc. In a case in which homeowners challenged an association's levying of additional fees for maintenance of certain areas, the trial court did not make adequate findings of fact on whether the costs should be assessed equally among all association members. Affirmed in part and remanded in part.

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Building setbacks at issue in Court of Appeals cases (access required)

The future of one pricey Charlotte property is uncertain after a Court of Appeal reversal involving building setbacks. In another case, a neighbor upset by what he saw as the excessive height of his neighbor’s house will have to live with his frustrations. The first case involved setbacks in deed restrictions while the second involved setbacks in zoning ordinances. "We have two levels of setbacks," said Charlotte attorney Roy H. Michaux (pictured) of K & L Gates, who represented the defendants in Irby v. Freese (Lawyers Weekly No. 10-07-795 , 13 pp.). The Court of Appeals issued the decision Tuesday morning.

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Tort/Negligence – Legal Malpractice – Negligence – Contributory Negligence – Real Estate Transaction – Restrictive Covenants (access required)

David v. Sossoman. (Lawyers Weekly No. 10-16-0767, 15 pp.) (Robert C. Hunter, J.) Appealed from Macon County Superior Court (James U. Downs, J.) N.C. App. Unpub. Holding: The trial court did not err in finding that the defendant was negligent ...

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Real Property – Interlocutory Appeal – Restrictive Covenants – Injunction (access required)

Barfield v. Matos. (Lawyers Weekly No. 10-16-0761, 11 pp.) (Linda Stephens, J.) Appealed from Mecklenburg County Superior Court (Robert C. Ervin, J.) N.C. App. Unpub. Holding: A permanent injunction in a case involving restrictive covenants on real estate is interlocutory ...

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