Media Mention: Sam Franck Profiled in Greater Wilmington Business Journal
April 10, 2026
Real estate attorney Sam Franck is the subject of a feature profile in the April 2026 issue of the Greater Wilmington Business Journal. The…
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38 Ward and Smith Attorneys Recognized as 2026 Business North Carolina Legal Elites
January 9, 2026
Ward and Smith is pleased to announce that 38 of the firm’s attorneys have been recognized in the 2026 Legal Elite by Business North…
article
The Rules of 1031 “Like Kind” Exchanges
November 11, 2025
A 1031 exchange is a tax-deferred exchange where a taxpayer sells one or more real estate assets held for productive use in a trade…
article
Contract Smarter, Not Harder: Best Practices for Entering into and Managing HOA Vendor Agreements
November 7, 2025
In general, Homeowners’ Associations (HOAs) in North Carolina are responsible for managing, maintaining, repairing, and replacing common areas, as well as upholding community standards…
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Ward and Smith Ranked by Best Law Firms® in 2026
November 6, 2025
Ward and Smith, P.A., has been recognized in the 2026 Edition of Best Law Firms®. The firm was ranked by Best Law Firms in 30 practice…
article
Order in the HOA: Tips for Conducting Compliant and Transparent Board Meetings
October 10, 2025
Running legally compliant and transparent board meetings is essential for successful operation of any community association (“HOA”). Compliance with an HOA’s governing documents helps…
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Ward and Smith Welcomes Five Attorneys Across Multiple Practice Areas and Locations
October 8, 2025
Ward and Smith, P.A. is pleased to announce the addition of five attorneys who bring a wide range of experience to the firm’s litigation,…
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68 Ward and Smith Attorneys Honored by Best Lawyers® for 2026
August 21, 2025
Ward and Smith is proud to share that 68 attorneys have been recognized by Best Lawyers in America®. Of those honored, 55 were named to…
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Aulie Strickland Completes ULI Triangle’s Development 360 Program
July 28, 2025
Real estate attorney Aulie Strickland has successfully completed the ULI Triangle Young Leaders Group’s 2025 Development 360 program, a six-month professional development initiative designed…
article
Hurricane Preparedness: Essential Legal Topics for North Carolina Business Owners
July 25, 2025
Hurricane season presents significant legal and operational challenges for North Carolina businesses. Whether it’s a hurricane hammering your business, floodwaters threatening your property, hail…
Firm News
Ward and Smith and Attorneys Shine in 2025 Chambers USA Rankings
June 5, 2025
Ward and Smith has once again been recognized as one of North Carolina’s leading law firms in the 2025 edition of Chambers USA. The…
article
Cyber Liability Insurance: Is It Worth It?
June 3, 2025
Cybersecurity incidents and cybercrime are on the rise in every sector of industry and against businesses and organizations of all sizes. In connection with…
article
House Bill 47 Delays Effective Date for North Carolina’s New Building Code
May 9, 2025
Recent media coverage of the Hurricane Helene Mountain Recovery Bill left out a critical piece of news for construction industry stakeholders. House Bill 47…
article
Navigating Wetlands in Coastal North Carolina Real Estate Development
April 25, 2025
The landscape of coastal real estate development in North Carolina has undergone a seismic shift following major regulatory changes over the last few years.…
article
Owning Real Property Near Military Bases: Considerations for Buying, Selling, and Developing Land in an AICUZ
March 7, 2025
You have found the perfect spot for a new neighborhood, office complex, or retail center—only to discover it’s within an Air Installations Compatible Use…
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25 Ward and Smith Attorneys Shine in 2025 Super Lawyers and Rising Stars Lists
February 18, 2025
Ward and Smith is thrilled to announce that 25 of its attorneys have earned spots on the prestigious North Carolina Super Lawyers and North…
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Ward and Smith Attorneys Honored as 2025 Business North Carolina Legal Elites
January 6, 2025
Ward and Smith is proud to announce that 38 of its attorneys have been named to Business North Carolina’s 2025 Legal Elite, a testament to…
article
A Year in Review: Ward and Smith’s Most Read Legal Insights in 2024
December 23, 2024
As we prepare to close out 2024, we’re taking a moment to reflect on the articles that captured the attention of our readers this…
Firm News
Ward and Smith’s Year in Review: Celebrating Excellence, Resilience, and Growth in 2024
December 20, 2024
As 2024 draws to a close, we reflect on a year defined by Hurricane Helene, many new faces, and industry recognition for our attorneys.…
article
Legal Pause: Preliminary Injunction on Corporate Transparency Act Enforcement
December 4, 2024
On December 3, 2024, in the matter of Texas Top Cop Shop, Inc., et al. v. Garland, et al., the U. S. District Court…
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Ward and Smith Ranked by Best Law Firms® in 2025
November 11, 2024
Ward and Smith has been honored in the 2025 edition of Best Law Firms®. The firm has made its mark in the legal field by being ranked…
article
Navigating the Skies: Why Drone Land Surveys May Violate Licensing Statutes, Not First Amendment Rights
October 18, 2024
It is widely understood that to engage in the practice of land surveying in North Carolina, one must have an appropriate license. Less widely…
article
When is a General Contractor’s License Required for Emergency Remediation Services?
October 11, 2024
(Ed. Note: This article was originally published on January 10, 2020, and has been updated.) North Carolina has seen an increase in the need…
article
Navigating the Aftermath of Hurricane Helene in Western North Carolina
October 9, 2024
We have compiled a series of past articles designed to help you navigate the aftermath of Hurricane Helene more effectively. From understanding insurance…
Firm News
Ward and Smith Welcomes New Additions Across Key Practice Areas
October 7, 2024
Ward and Smith is excited to announce new talented additions to our team. These promising individuals bring fresh perspectives and skills to enhance our…
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Our September Focus: The Power of Preparedness
September 23, 2024
September is all about “The Power of Preparedness.” All month long, we’re focusing on the importance of being proactive and prepared in various aspects…
article
What! My Flood Policy Doesn’t Cover Flood Damage?! This, and Other Pitfalls of NFIP Flood Insurance Policies
September 6, 2024
Congress created the National Flood Insurance Program (the “NFIP”) to help make flood insurance more affordable in areas prone to flood damage. FEMA oversees…
Firm News
Ward and Smith Welcomes Real Estate Attorney Aulie Strickland
September 5, 2024
Ward and Smith is pleased to announce the addition of Aulie Strickland to its Raleigh office as a Real Estate Attorney. Aulie brings experience…
article
Risk Reduction Strategies for Construction Contractors in North Carolina
September 3, 2024
An ounce of prevention is worth a pound of cure. Today’s construction environment demands a lot from contractors who are pulled in multiple directions…
article
North Carolina Agritourism and Liability Waivers
August 30, 2024
Strengthening the bond between farm and table, agritourism flourishes in North Carolina as both the agribusiness and agriculture sectors buoy the state’s economy with…
article
Recent Case Law Does Not Doom All Rental Restriction Amendments
August 22, 2024
The North Carolina Court of Appeals recently released two cases that raise the question of whether a covenant amendment containing rental restrictions may be…
Firm News
67 Ward and Smith Attorneys Recognized by Best Lawyers® in America for 2025
August 15, 2024
Ward and Smith is pleased to announce that 67 attorneys have been recognized by Best Lawyers®. Fifty-four attorneys were chosen for inclusion in…
article
Commercial Real Estate Sellers: Hire Your Own Attorney!
August 2, 2024
Does a seller of commercial real estate really need an attorney? I get asked this question often, and the resounding answer is “yes!” Often,…
article
What Landowners Need to Know About Solar Farm Leases in North Carolina
July 2, 2024
In 2007, the North Carolina General Assembly established the Renewable Energy Efficiency Portfolio Standards (“Standards”), which required that all investor-owned utilities in the…
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Ward and Smith and Attorneys Shine in 2024 Chambers USA Rankings
June 6, 2024
Ward and Smith is pleased to announce that several of its practice areas and attorneys have been recognized in the 2024 Chambers USA Rankings.…
article
Leaving the Nest: Healthy Community Association Transition
May 24, 2024
In North Carolina, private developers establish community associations by planning, building infrastructure, developing lots, and organizing property owners or associations. Initially, developers have substantial…
article
Navigating Easement Disputes in North Carolina
May 17, 2024
An easement is a right to make some specific use of land owned by another. Because easements involve the easement owner using land owned…
article
A Swift Debriefing: Rapid Fire Legal Update
March 26, 2024
At Ward and Smith’s recent In-House Counsel event, four Ward and Smith attorneys shared insights on a variety of legal topics, including updates from…
article
How Should Two or More People Own Property? Does It Matter?
February 26, 2024
When two or more people purchase property, they rarely consider how they should take title to the property, and this could be a big…
article
Bankruptcy Destroyed My Perfect (Landlord-Tenant) Relationship!
February 20, 2024
February brings us Valentine’s Day, and we bring you a tale as old as time. Two people meet, maybe online, maybe at a Chamber…
Firm News
Kristin Mitcham and Tyler Russell to Speak at the NCBA Real Property Section Winter Program
February 15, 2024
Attorneys Kristin Mitcham and Tyler Russell are set to share their knowledge at the upcoming Real Property Section Winter Program on February 16 in Cary, NC. Their…
Firm News
21 Ward and Smith Attorneys Honored by North Carolina Super Lawyers in 2024
January 16, 2024
North Carolina boasts an impressive array of legal talent, and this year, we’re thrilled to announce that 21 of our attorneys have been recognized…
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36 Ward and Smith Attorneys Honored in Business North Carolina’s 2024 Legal Elite
January 4, 2024
Ward and Smith proudly announced that 36 attorneys have been honored in Business North Carolina’s 2024 Legal Elite. Five legal luminaries stand out as shining…
article
Ward and Smith: Our Highlights of 2023
December 27, 2023
As we reflect on the past year, it’s evident that 2023 has been remarkable for Ward and Smith. We’ve welcomed new team members, launched…
article
Top 10 Most Popular Articles of 2023
December 20, 2023
As we approach the New Year, it’s time to reflect on the articles that have most resonated with readers throughout 2023. Ward and Smith…
article
Five Reasons Not to Sign a Real Estate Contract (Without Consulting an Attorney First)
December 8, 2023
Buying and selling commercial real property is expensive, starting with the price of the property and then adding the fees for inspections, insurance, recording,…
Firm News
Ward and Smith Announces New Artificial Intelligence Practice Group
November 17, 2023
Ward and Smith is excited to announce its new Artificial Intelligence (AI) practice group. The AI practice provides comprehensive legal solutions to companies developing…
article
Trespassers? How to Protect Your Farm Against Unwelcome Strangers
October 11, 2023
Discovering unauthorized persons on your farm is a growing problem. Such unauthorized entry could include media news teams filming farm operations, environmental activists seeking…
Firm News
52 Ward and Smith Attorneys Recognized by Best Lawyers in America® for 2024
August 17, 2023
Ward and Smith proudly celebrates an incredible achievement—over half of our esteemed attorneys have gained recognition from one of the nation’s most respected legal…
Firm News
Ward and Smith Attorneys Play Key Role in Sunset Beach Revitalization Project Approval, Highlighted in Local News
July 21, 2023
Sunset Beach, located at the southernmost tip of North Carolina’s string of barrier islands, is poised for a significant expansion with the help of…
article
I am a Volunteer, so I am Protected, Right?: Understanding Director and Officer Liability Insurance for Community Associations
March 29, 2023
Community associations (“Associations”) act through their board members and officers, who are volunteers and are generally willing to serve because they care about their communities. …
Firm News
Joanne Badr Named to Business North Carolina’s Legal Elite Hall of Fame
January 9, 2023
Attorney Joanne Badr earned an incredible achievement in her first appearance on the 2023 Business North Carolina Legal Elite List. She is now a Legal Elite…
article
Deed Warranties and Why They Should Matter To You
December 28, 2022
You’re negotiating to buy a piece of real estate and your attorney tells you that the seller is proposing to give you a “Special…
article
When 2 Minus 1 Still Equals 2: Combining Lots in a Planned Community
December 14, 2022
“I will just combine my two lots into one, then I only have to pay one assessment but I’ll still have two votes, right?”…
Firm News
Ward and Smith Celebrated in 2023 Edition of Best Law Firms
November 3, 2022
Ward and Smith shines bright in the 2023 edition of “Best Law Firms.” U.S. News & World Report and Best Lawyers® released their annual rankings that recognize…
Firm News
Real Estate Attorney Michelle Gonzalez Joins Ward and Smith
October 11, 2022
Michelle Gonzalez has joined the Raleigh office of Ward and Smith’s Real Estate group. She brings a wealth of knowledge in commercial real estate…
Firm News
Ward and Smith Welcomes Four New Attorneys
October 10, 2022
Ward and Smith is proud to welcome back four familiar faces. Alex Ferri, Dakota Lipscombe, Avery Locklear, and Zach Marks join the firm as…
article
“But We Were Just Negotiating:” Understanding When A String Of Communications (Even Emails) May Establish a Binding Contract
September 30, 2022
Techlaw: Parties negotiating the terms of a deal must understand when the negotiating stops and a binding contract has been created, even if there is…
article
Real Estate Leases in the Hemp and Cannabis World
August 24, 2022
The last several years have seen hemp and cannabis journey from their traditional treatment as substances controlled at the state and federal levels, on…
article
New Law Limits Broad Form Lien Waivers in Construction Projects
June 10, 2022
Lien rights can be one of a contractor’s most important means of securing payment on any private construction project in North Carolina. Under Chapter…
article
Community Association Restrictions Last Forever … Right? Community Association Restrictions and the Confusion Surrounding Tax Sales
June 3, 2022
It may be hard to believe, but community associations (“Associations”) occasionally deal with property owners who do not think they are required to pay…
article
When Is a Deal a Deal?
April 22, 2022
Oftentimes, individuals attempt to negotiate deals on their own without the benefit of legal advice and assistance. At best, this can lead to certain…
Firm News
Ward and Smith Welcomes Commercial Real Estate Attorney Cameron Winfrey
April 4, 2022
Cameron Winfrey has joined the Raleigh office of Ward and Smith’s Real Estate group. He limits his practice exclusively to commercial real estate ventures…
Firm News
Sam Franck to Appear on the Wilmington Chamber’s Small Business Real Estate Panel
March 1, 2022
Real estate attorney Sam Franck will be a featured panelist at the Small Business Real Estate event, hosted by the Wilmington Chamber of Commerce,…
article
Use Clarity to Avoid Contempt in Bankruptcy
September 8, 2021
This is a story about contempt and clarity. It comes to us from a July 2021 North Carolina district court decision reversing a $115,000…
article
So You Have A Judgment… Now What?
July 28, 2021
In North Carolina, many lawsuits result in the entry of a judgment that establishes one party’s right to collect payment of a certain amount…
article
What Community Associations Should Know from HOA Attorneys
June 16, 2021
Maintenance, repairs, upkeep, and enforcement of rules are all in a day’s work for a community association – now one of the most common…
article
“Batten Down the Hatches: Named Storm-Preparedness for Community Associations”
May 19, 2021
The 2021 Atlantic hurricane season officially kicks off in t-minus 12 days, on June 1, 2021, and runs through November 30, 2021. If this…
article
Restrictive Covenants: What Are They And Why Should You Care?
May 5, 2021
Restrictive covenants have a significant and substantial impact on the use and value of property; yet they are often ignored entirely or not considered…
Firm News
Sign up Today for NCBA’s Zoning, Planning, & Land Use CLE
April 7, 2021
Registration for the North Carolina Bar Association’s zoning and land use webcast is still open! The one-day CLE, hosted by the Zoning, Planning &…
Firm News
Media Mention: Eric Remington Secures $3.1M Settlement in Eminent Domain Case
March 16, 2021
Attorney Eric Remington has secured a $3.1 million settlement for a local developer at the center of an eminent domain claim against the North…
article
Short-Term Rentals Regulations: Not Always a Day at the Beach for Municipalities
March 3, 2021
The explosion of short-term rental properties through North Carolina – from mountain cities to coastal destinations, and cities and towns in between – has…
article
More Breathing Room for Commercial Tenants in Bankruptcy
January 28, 2021
The Consolidated Appropriations Act of 2021 (“CAA”) took effect on December 27, 2020. The mammoth spending and COVID-19 pandemic relief bill contains provisions related…
article
Who is the Declarant? And Why Does it Matter?
January 12, 2021
The concept and designation of the “Declarant” arise from the formation of a planned community or a condominium. When the developer declares land to…
Firm News
13 Ward and Smith Attorneys Listed in Business North Carolina’s 2021 “Legal Elite”
January 6, 2021
Business North Carolina has recognized 13 Ward and Smith attorneys as 2021 “Legal Elites.” Of the thousands of lawyers practicing across the state, only…
article
Industry Veteran Delivers Economic Forecast, Advice for N.C. Construction Firms
December 11, 2020
On October 8, 2020, Hank Harris, the director of Ward and Smith Business Consulting and a senior chairman at FMI Corporation, delivered the…
Firm News
Congressman Mike McIntyre Joins Ward and Smith
September 21, 2020
With close to 40 years of legal and business experience and nearly 20 years as a public servant, Ward and Smith is honored to…
article
CDC Enacts New Residential Eviction Moratorium
September 3, 2020
On September 2, 2020, the Centers for Disease Control and Prevention (“CDC”), which is under the Department of Health and Human Services (“DHHS”), issued…
Firm News
3 Ward and Smith Attorneys Named “Lawyer of the Year” by Best Lawyers®
August 27, 2020
Best Lawyers® has selected three Ward and Smith attorneys as “Lawyer of the Year” for 2021. This recognition is awarded to individual lawyers with the highest…
Firm News
41 Ward and Smith Attorneys Named to “Best Lawyers in America®” for 2021
August 20, 2020
Ward and Smith is proud to announce that nearly half of the firm’s attorneys have been recognized by one of the most respected and trusted…
article
Call of [Fiduciary] Duty: How Good Faith, Due Care, and Loyalty Guide Community Associations’ Boards
August 7, 2020
Nearly 30 percent of North Carolina’s population lives in a community association of some sort, be that a condominium or single-family community. Yet, confusion among…
article
Your HOA Got Served: Now What?
July 29, 2020
The unfortunate reality for many community associations and their boards of directors is that at some point in their existence they will be sued. …
article
Commercial Owners Associations/Residential Owners Associations The Same — But Different
July 22, 2020
What are commercial owners associations, and are they really that different from residential owners associations? Commercial owners associations are nonprofit corporations that govern planned…
article
Wave Goodbye to the Waiver Defense in Some Landlord/Tenant Disputes
July 17, 2020
On May 1, 2020, in Winston Affordable Housing, LLC v. Roberts, the North Carolina Supreme Court clarified the law surrounding a landlord’s acceptance of…
article
Heavy Is the Head That Wears the Crown: Board of Director Authority in a Community Association
June 10, 2020
The Board of Directors for a Community Association functions in a very similar capacity as the Board of a standard corporation. Approximately 95% of…
article
COVID-19 Eviction Moratoriums: Need-To-Know Information for NC Landlords and Tenants
June 4, 2020
The Coronavirus Aid, Relief, and Economic Security (CARES) Act was passed by Congress and signed into law by President Trump on March 27, 2020. …
article
North Carolina Extends Certain Real Property Development Approvals
May 8, 2020
This week the General Assembly of North Carolina provided some relief to developers with active development approvals. Pursuant to Senate Bill 704, signed into…
article
Economic and Financial Uncertainty: How a Homeowners Association Can Protect Itself
April 30, 2020
In a short period of time, COVID-19 has changed the way we live and conduct business. Sadly, the pandemic seems as though it will…
article
Impact of COVID-19 on Force Majeure and Rent Abatement in Commercial Leases
March 27, 2020
Many businesses have suffered greatly in the wake of the measures taken to slow the spread of COVID-19. One immediate impact is the flood…
article
HOA Boards and the Coronavirus
March 16, 2020
We are seeing the emails already. “We have a Board Meeting and need to award the contract for the pool, but we shouldn’t be…
article
When a Condominium Falls Down
March 11, 2020
Buildings do not last forever. Eventually, gravity and time will prevail over concrete, steel, wood, and glass. The risks associated with that life span…
Firm News
Media Mention: Sam Franck Featured in the ‘Port City Daily’ Publication
March 10, 2020
In late-February, real estate attorney Sam Franck went before the Pender County Board of Commissioners to address a complaint filed against his client, the…
article
Two Pairs of Eyes Are Better Than One: Why Community Associations and Developers Should Have Separate Legal Counsel
December 18, 2019
North Carolina has the third most planned communities in the United States after California and Florida. All of these planned communities typically evolve in…
Firm News
Ward and Smith Grows Triangle Real Estate and Creditors’ Rights Practices
December 2, 2019
Adding more depth to the firm’s Real Estate and Creditors’ Rights bench, Ward and Smith welcomes attorneys Jeff Bandini and Danny Brader. Both will…
article
Best Practices When Liquidating Real Estate-Secured SBA Loans
September 25, 2019
For several years, the United States Small Business Administration (SBA) has experienced continuous growth with its flagship 7(a) and 504 business loan programs. For…
article
The Member’s Role in a Community Association
September 4, 2019
Congratulations! You just purchased your first home in a planned community and became a member of a community association. For a detailed understanding of…
article
The Accidental Construction Owner: A Checklist of Considerations for HOAs Engaging in Construction
July 26, 2019
Homeowners associations (“HOAs”) do not typically act as construction owners. HOAs are set up as entities to maintain and manage planned unit communities. The…
article
Don’t Jump Without a Parachute! Understanding Community Association Insurance Needs
July 12, 2019
In the aftermath of Hurricane Florence, many Community Associations located in the Eastern part of the state had a rude awakening when they discovered…
article
Construction Conference Insights: Industry Expert Lays Out Prospects for Growth
May 24, 2019
Wondering about the outlook for the construction industry in 2019 and beyond? Chris Daum, president and CEO of Raleigh-based FMI Corp., has a forecast. Daum…
article
Can I Get Sued Over a Court-Authorized Foreclosure?
April 15, 2019
If a Clerk of Court authorizes a foreclosure sale and the trustee sells the property, can a borrower or other aggrieved party later sue…
article
Rental Rebellion: New Bill Would Change the Leasing Landscape in Planned Communities
April 5, 2019
The battle between “pesky, disrespectful, transient tenants,” and “overbearing, Big Brother community associations” may be heating up in North Carolina, thanks to a bill…
Firm News
Allen Trask Selected for NCBA’s 2019 Leadership Academy
March 4, 2019
Each year, the North Carolina Bar Association (NCBA) selects only 16 outstanding attorneys from across the state for its Leadership Academy, and Ward and…
article
Will the Supreme Court Plug the Holes in Conduit Theory to Draw Clean Water Act Away from Groundwater?
March 1, 2019
The United States Supreme Court will hear a case this term to decide whether provisions of the Clean Water Act (“CWA”) impose liability on…
article
Who Gets What When a Real Property Lease Terminates?
February 22, 2019
Who gets what when a lease of real property is over? This is a question that can be problematic for both landlords and tenants. …
article
Brownfields Redevelopment Receives Boost Under the BUILD Act
February 15, 2019
Redevelopment of environmentally-damaged property has seen steady growth in North Carolina and nationwide. The attraction to dense, urban communities offering work/live/play opportunities and away…
Firm News
BASE Names Sam Franck as Board Chairman
February 13, 2019
The Business Alliance for a Sound Economy (BASE) has elected real estate attorney Sam Franck as the organization’s new Board Chair for 2019. He…
article
They Are Taking Our Common Area!
February 8, 2019
The power of eminent domain, also referred to as condemnation, refers to the power of the government or other quasi-governmental entity, such as a…
article
When a Chapter 11 Plan is Absolutely Dead on Arrival
January 30, 2019
Recently, we discussed In re CHL, a case involving a real estate developer in Chapter 11. We focused on the importance of the Disclosure…
article
“We’ll Just Kick Him Out!” Member Discipline and Expulsion in Private Clubs
January 16, 2019
Most private country clubs and social clubs are nonprofit corporations governed by North Carolina’s Nonprofit Corporation Act found in Chapter 55A of the North Carolina…
article
How Did We Get Here? A Quick Look at North Carolina Occupational Licensing Legislation
January 9, 2019
During the past four years, numerous bills concerning North Carolina’s occupational licensing boards have been proposed, but few have passed in the legislature and…
Firm News
Ward and Smith Recognized as a “Go-To Thought Leader”
January 8, 2019
The National Law Review (NLR) recently honored Ward and Smith with the Go-To Thought Leadership Award for “coverage of North Carolina real estate matters, including litigation,…
article
Professional Defense for Professional Licenses
November 28, 2018
Sometimes it’s best to let professionals do what they do best. I don’t call a real estate agent when I need a flu shot,…
article
A Perfect Union: Creating Landlord-Tenant Agreements for Commercial Leases
November 21, 2018
Similar to a marriage, in which two parties come together to enter into a legally binding agreement, a commercial lease symbolizes a forged relationship…
article
New Coastal Stormwater Program Variances May Benefit Community Associations
October 19, 2018
In the latest version of what appears to be an annual exercise, the North Carolina General Assembly passed a regulatory reform bill over the…
article
Special Bulletin: Gov. Cooper Signs Hurricane Relief Package into Law
October 17, 2018
On Monday, October 15, the North Carolina General Assembly voted during a Special Session to approve Senate Bill 3, which appropriated an unprecedented $794…
article
Trademarks and Community Associations: Maintaining Your Community’s Brand
October 5, 2018
Your community association (“Association”) probably invests substantial resources in protecting and maintaining its green spaces, facilities, and other common elements. But what about its…
article
Hurricane Florence – Emergency CAMA Permits Available
October 1, 2018
It’s been two weeks since the full force of Hurricane Florence squarely hit the eastern North Carolina coast from New Bern to Wilmington and…
article
Meeting Street: Safely Traveling the Road to Community Association Annual Meetings
September 12, 2018
Annual membership meetings are an essential thread of the fabric of community associations. Indeed, North Carolina law requires that all community associations hold a…
article
The Reach of the Clean Water Act Takes a Dive into Groundwater
September 7, 2018
Can the law that protects the quality of the nation’s waters seep into groundwater below the surface? According to the United States Court of…
article
Construction Arbitration: The Pros and Cons
August 29, 2018
It’s an unfortunate fact that many construction projects end in disputes, driving the parties into some form of dispute resolution. Many of these construction…
article
Pre-Closing Due Diligence with Commercial Real Estate Helps Avoid Post-Closing Remorse
July 25, 2018
Your business has taken off, and you’ve been searching for that perfect 7,500 square foot building on an acre of land close to town,…
Firm News
Media Mention: Allen Trask’s “Fair Market Value” Article Featured on NC Bar Blog
July 3, 2018
Back in March, litigator Allen Trask wrote a comprehensive article explaining the North Carolina Supreme Court’s decision in the North Carolina Department of Transportation…
article
Real Property: More Than Meets the Eye
May 30, 2018
Each parcel of real property is a unique asset. It is typically well understood that location is paramount, and that size, elevation, and other…
article
What Could Go Wrong? The Importance of Business Succession Planning
April 20, 2018
Most business owners expect that their company will continue to operate after they stop working. However, successfully transitioning control of a business rarely occurs…
article
N.C. Supreme Court Holds Real Estate Brokers May Testify on the Issue of Fair Market Value
March 13, 2018
In a recent opinion, the North Carolina Supreme Court expanded the possibilities of allowable testimony about a property’s fair market value. In its decision…
article
Exclusive Use Provisions in Commercial Leases
February 9, 2018
Exclusive use provisions are common in commercial leases, especially in large shopping centers with many tenants. An exclusive use provision essentially allows a tenant…
article
Muddy Waters: Stormwater Permits Not Meant to Control Flooding or Flood Losses
January 17, 2018
Those living in communities subject to North Carolina Stormwater Permits or local stormwater management easement agreements are increasingly alarmed as rainy weather, even without…
article
NC Department of Transportation Condemnation: What Do They Mean By Permanent Utility Easement?
January 15, 2018
When the North Carolina Department of Transportation (“DOT”) exercises its power of eminent domain, in addition to taking private property in fee simple, it…
article
Individual Chapter 11 Plans Also Are Just About Written in Stone
January 10, 2018
In an article last year, we informed you about a ruling from the United States Bankruptcy Court for the Eastern District of North Carolina,…
article
Estate Planning Resolutions for 2018
December 29, 2017
Another holiday season will have come and gone before we know it. For many, the start of 2018 will be a time of empty…
article
In Bankruptcy, a Lease Isn’t Always a Lease
November 15, 2017
In In re Price, the United States Bankruptcy Court for the Eastern District of North Carolina recently explored the difference between a “true” lease…
article
Issues to Consider in Rights of First Refusal
October 16, 2017
People often talk about giving or getting a Right of First Refusal (“ROFR”) in real estate transactions. But what is a ROFR? A simple…
article
Your Foreclosure Hearing Just Got More Crowded
October 9, 2017
On August 30, 2017, an amendment to North Carolina’s foreclosure statutes took immediate effect. The amended statute, Section 45-10, concerns substitute trustees under a…
article
Well, Isn’t That a Special Use? Navigating the Special Use Permit Process in North Carolina
September 12, 2017
North Carolina statutes provide that cities and counties may issue special use permits in accordance with the principles, conditions, safeguards, and procedures specified in…
article
Federal Tax Liens In Foreclosure Proceedings
August 8, 2017
Henkel v. Triangle Homes is a North Carolina Court of Appeals case with dueling tax foreclosure proceedings involving the same property. One foreclosure proceeding…
article
“Waters of the United States” – Will Rewrite of the Clean Water Rule Bring Elusive Clarity and Predictability?
June 13, 2017
Sixteen months after the United States Court of Appeals for the Sixth Circuit entered its Order halting application of the 2015 Clean Water Rule…
article
Succession Planning—Bet the Farm on It
May 12, 2017
Despite recent trends toward consolidation in the agricultural industry, farming generally remains a family affair. According to the United States Department of Agriculture, 98%…
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North Carolina Supreme Court Adopts “Substantial Competent Evidence” Requirement for Borrowers Asserting “True Value” Defense in Foreclosure Deficiency Actions
May 8, 2017
On Friday, May 5, 2017, in a major victory for lenders, the North Carolina Supreme Court reversed the North Carolina Court of Appeals’s decision…
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Here Today, Gone Tomorrow: the Allures and Legal Considerations of Pop-Up Shops
April 11, 2017
For years now, a new type of retail merchant has been “popping up” everywhere. Short-term, temporary retail events, or “pop-ups,” serve as a marketing…
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The Basics of 1031 Exchanges – Part Two: Structuring Partnership/LLC 1031 Exchange Cash-out Transactions
January 26, 2017
This is part two of a two-part series on Internal Revenue Code Section 1031 tax-deferred exchange transactions. The first article provided an overview of…
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New Stormwater Rules Effective January 1, 2017
January 23, 2017
Stormwater management is a concern across the country. The United States Environmental Protection Agency renewed municipal stormwater as one of its National Enforcement Initiatives. …
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The Basics of 1031 Exchanges – Part One
January 16, 2017
This is part one of a two-part series on Internal Revenue Code Section 1031 Tax-Deferred property exchanges. This first article will provide an overview…
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Wet Weather Regulations Now More Expensive Under EPA’s Industrial Stormwater Settlement Penalty Policy
November 28, 2016
Heavy and consistent rainfall this summer, even before Tropical Storms Hermine and Julia and Hurricane Matthew, produced a tremendous amount of stormwater. Grass swales…
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Just Compensation for Contaminated Land
November 14, 2016
When a government agency or private party involuntarily takes your property (a proceeding called eminent domain or condemnation), you are entitled to receive “just compensation”…
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The Benefits of Using Multiple “Single-Asset” Limited Liability Companies for Investment Properties
October 14, 2016
Practicing real estate law means that I’m constantly talking with all types of clients, including large scale developers as well as individuals simply looking…
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Hurricane Matthew – Emergency Permits After North Carolina State of Emergency
October 5, 2016
UPDATE 10/12/16 Coastal property owners who need to replace docks, piers, bulkheads, or similar structures damaged by Hurricane Matthew along sounds, rivers, and creeks…
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The North Carolina Landowner Protection Act: Encouraging Access for Hunters, Trappers, and Other Outdoor Enthusiasts
September 21, 2016
If you are a private landowner in North Carolina, you may not be aware that you owe a certain duty of care not only…
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TAKEN! Historic Eminent Domain Decision: NCDOT Must Pay When it Files a Transportation Corridor Protection Map
June 16, 2016
On June 10, 2016 the North Carolina Supreme Court affirmed the decision of the North Carolina Court of Appeals in the case of Kirby…
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North Carolina General Assembly Makes Public-Private Development Agreements More Available And Attractive
May 24, 2016
Background Before 2005, North Carolina’s laws on vested rights offered developers some protection, but not enough, for the large, multi-phased, multi-year, mixed use developments…
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The Aftermath of Obergefell: Unsettled Times for Tenancy by the Entirety
March 31, 2016
Regardless of your politics, your religious beliefs, which side of the social divide you’re on, or how you feel about it, one thing is…
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Eminent Domain 101
November 10, 2015
The power of eminent domain, also referred to as condemnation, is the power to involuntary take a person’s private property for a public purpose. …
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Can’t Find Enough Cash Flow In the Stock Market? Maybe a “Triple-Net Lease” Is Your Answer
October 20, 2015
Maybe you are getting your finances in order for retirement. Maybe you own real estate that requires a lot of oversight and you would…
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Real Estate Developers – Proper Planning is Key to Maximizing The After-Tax Return on a Development Project
August 18, 2015
Before starting a new development project, residential and commercial real estate developers should focus on properly structuring the acquisition and development of the property…
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New Commercial Lease Accounting Rules—How They May Affect Both Owners/Landlords and Lessees
May 12, 2015
As two of the accounting world’s major governing bodies work to converge their standards on the recognition of revenue of contracts with customers, they…
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Transportation Corridor Protection Maps—Has Your Land Been Taken?
March 11, 2015
When a corridor protection map was filed in 2005 for the extension of Military Cutoff Road in New Hanover County in accordance with the…
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What Is An Easement, How Do You Get One, And What Is It Good For?
December 10, 2014
You own land. Is it possible for someone else to have the right to use your land without your permission and maybe against your…
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Resolving Your Property Zoning Problems
November 12, 2014
What do you do when you’ve found the perfect location for your business or project, but you discover that it’s not properly zoned for…
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Low-Income Housing Tax Credits – Introduction
September 19, 2014
Do you have any idea how most affordable housing units get built in the United States? Does the federal government build them or are…
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Property Exchanges For Involuntarily Relinquished Land
July 22, 2014
Income taxes that would otherwise be incurred as a result of the involuntary conveyance or destruction of real property can be deferred to a…
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Tax Listings And Tax Maps: Do You Own What The Tax Office Thinks You Own?
December 2, 2013
Most people are aware of what property they own, whether individually or through a business, but a person’s understanding of his or her property…
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Here Comes the Sun – And It’s Alright (As Long as You Have a Good Solar Lease)
January 30, 2013
The North Carolina General Assembly is requiring North Carolina utilities to purchase energy from renewable sources. The hot sun beating on you and your…
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Is a Restrictive Covenant With a Limitation on “Stories” Enforceable?
December 21, 2012
Consider the following scenario: Your client, a builder of residential homes, purchases six vacant lots in a partially developed subdivision consisting of 100 lots.…
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Title Insurance – The Fine Print
August 1, 2012
Most purchasers of real property, and almost all of their lenders, obtain title insurance. Title insurance, however, is not a cure‑all. This article addresses…
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“Let The Lender Beware!”: The Surrender Of Commercial Real Estate Collateral In Chapter 11 “Dirt For Debt” Bankruptcy Plans
May 4, 2012
Over the last several years, lenders have experienced an increasing number of defaults on loans secured by commercial real estate. More defaults are likely…
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SPECIAL BULLETIN: Complicating Issues Buffet North Carolina’s Wind Energy Projects
April 19, 2012
Just a few short years ago, the prospects for wind energy projects in North Carolina seemed extremely bright. With the strongest offshore wind resources…
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SPECIAL BULLETIN: Shale Gas Leases – Pitfalls for Unwary Landowners
January 3, 2012
Interest in shale gas development is reaching a fevered pitch in North Carolina. Shale gas is natural gas found in shale deposits a few…
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Congratulations, You’re a Landlord – Now What?
April 12, 2011
So you took our advice (“Prudent bidding on real estate at a foreclosure sale” – http://wraltechwire.com/business/tech_wire/news/blogpost/7334076/). You found residential rental property in foreclosure and…
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Prudent Bidding on Real Estate at a Foreclosure Sale
April 23, 2010
A Binding Contract In a traditional real estate purchase transaction, a willing buyer and a willing seller enter into a negotiated contract which customarily…
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The North Carolina Permit Extension Act of 2009: The Revival and Extension of Land Development Approvals
September 1, 2009
Special Bulletin A weakening economy creates many unwelcome problems for land developers and local governments. One of the most significant problems is that land…
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“Let’s Shake on It”: Understanding When a Handshake and an Oral Contract Just Doesn’t Cut It
March 11, 2009
People enter into contracts and agreements daily. Some occur over the phone, others take place in a conference room, and some even transpire through…
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“Riders in the Storm” – Stormwater Management – New Post Construction Regulations
April 20, 2007
As a result of North Carolina State Session Law 2006-246, developers will be subject to substantially more thorough stormwater management regulations in the immediate…
