Commercial Real Estate


The Unintended Consequences of Transferring Real Estate

The Unintended Consequences of Transferring Real Estate (PDF)

Possible New NCDOT Fees

The North Carolina Board of Transportation agreed recently to tell the legislature that new fees would be needed to eliminate taxpayer subsidies that now pay for services the North Carolina Department of Transportation performs for DEVELOPERS and other businesses.  The Board made it clear that it would not implement new fees rather the General Assembly this year directed the DOT, in response to a recommendation from DOT itself, to report on what new or increased fees would be needed to cover th ...
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Attention Lenders: Should You Include Environmental Indemnity Provision in the Deed of Trust or in a Separate Document?

Attention Lenders: Regarding deeds of trust covering real property located in North Carolina, should you include an environmental indemnity provision in the deed of trust or in a separate document?  Most lenders include an environmental indemnity provision in either the deed of trust or in a separate environmental indemnification agreement. Some lenders use both. If a lender includes an environmental indemnity provision in the deed of trust, then the lender should include language providing ...
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Turning Rezoning Issues from a Mountain into a Molehill

The following article was featured in the "Law and Your Business" section of the Triad Business Journal on August 15, 2014. To view a downloadable version of this article, please click here: Turning Rezoning Issues from a Mountain into a Molehill (PDF) Rezoning any property for a new or expanded class of uses can be a complex and sometimes contentious process to navigate.  But if you stay calm and focused and surround yourself with a good team, the hurdles can be surmountable. In one o ...
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North Carolina’s Business Court Enjoins Lien Filing Service Company

You may or may not have heard of Lienguard, Inc., a company that advertises that it files commercial mechanics liens, notices, public and federal bond claims as well as municipal liens throughout the United States. Lienguard was charging a flat fee of $495 for the preparation and filing of a mechanics lien in North Carolina. The North Carolina State Bar took issue with Lienguard's conduct and brought a suit alleging that Lienguard's conduct constituted the unauthorized practice of law. Last m ...
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Applicants for Government Development Incentive Loans and Grants Beware: Privacy v. Public Information

Many of us who follow the local newspapers are familiar with articles that make reference to news reporters and others submitting requests for public documents under Sunshine Laws or Freedom of Information Laws. Usually those requests are in connection with rather salacious stories being aired in the forum of public opinion. As an attorney, I frequently have pause for concern related to my clients who wish to apply for incentive loans or grants that are intended to encourage development of real ...
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EPA Promulgates Final AAI Rule Adopting 2013 ASTM Phase I Standard

The Environmental Protection Agency has promulgated a final rule updating its all appropriate inquiry (“AAI”) regulations to include the latest version of ASTM International’s voluntary standard for conducting a Phase I environmental site assessment. The rule, which took effect on publication on December 30, 2013, means parties can use the 2013 ASTM standard (E1527-13) for Phase I site assessments for potential environmental contamination and liability to satisfy AAI requirements for ce ...
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For media inquiries, please contact: Erin Molinaro |