Stantonsburg Land Use & Zoning Lawyer, North Carolina
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Robert A. Farris
Family Law, Wills & Probate, Construction, Constitutional Law
Status: In Good Standing *Status is reviewed annually. For latest information visit here
108 E. Nash St., Wilson, NC 27894
Profile LAWPOINTS™43/100
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Brian Paxton
Eminent Domain, DUI-DWI, Criminal, Constitutional Law, Education
Status: In Good Standing *Status is reviewed annually. For latest information visit here Licensed: 30 Years
Wilson, NC 27894
Profile LAWPOINTS™36/100
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William T. Cozart
Estate, Real Estate
Status: In Good Standing *Status is reviewed annually. For latest information visit here Licensed: 60 Years
Wilson, NC 27894
Profile LAWPOINTS™22/100
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Robert Christopher Miles Rountree
Real Estate, Traffic, Estate, Criminal
Status: In Good Standing *Status is reviewed annually. For latest information visit here Licensed: 17 Years
P O Drawer 279, Wilson, NC 27894
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LEGAL TERMS
QUASI-COMMUNITY PROPERTY
A form of property owned by a married couple. If a couple moves to a community property state from a non-community property state, property they acquired togeth... (more...)
A form of property owned by a married couple. If a couple moves to a community property state from a non-community property state, property they acquired together in the non-community property state may be considered quasi-community property. Quasi-community property is treated just like community property when one spouse dies or if the couple divorces.
COVENANTS, CONDITIONS & RESTRICTIONS (CC&RS)
The restrictions governing the use of real estate, usually enforced by a homeowners' association and passed on to the new owners of property. For example, CC&Rs... (more...)
The restrictions governing the use of real estate, usually enforced by a homeowners' association and passed on to the new owners of property. For example, CC&Rs may tell you how big your house can be, how you must landscape your yard or whether you can have pets. If property is subject to CC&Rs, buyers must be notified before the sale takes place.
ESTOPPEL
(1) A legal principle that prevents a person from asserting or denying something in court that contradicts what has already been established as the truth. equit... (more...)
(1) A legal principle that prevents a person from asserting or denying something in court that contradicts what has already been established as the truth. equitable estoppelA type of estoppel that bars a person from adopting a position in court that contradicts his or her past statements or actions when that contradictory stance would be unfair to another person who relied on the original position. For example, if a landlord agrees to allow a tenant to pay the rent ten days late for six months, it would be unfair to allow the landlord to bring a court action in the fourth month to evict the tenant for being a week late with the rent. The landlord would be estopped from asserting his right to evict the tenant for late payment of rent. Also known as estoppel in pais.estoppel by deedA type of estoppel that prevents a person from denying the truth of anything that he or she stated in a deed, especially regarding who has valid ownership of the property. For example, someone who grants a deed to real estate before he actually owns the property can't later go back and undo the sale for that reason if, say, the new owner strikes oil in the backyard.estoppel by silenceA type of estoppel that prevents a person from asserting something when she had both the duty and the opportunity to speak up earlier, and her silence put another person at a disadvantage. For example, Edwards' Roofing Company has the wrong address and begins ripping the roof from Betty's house by mistake. If Betty sees this but remains silent, she cannot wait until the new roof is installed and then refuse to pay, asserting that the work was done without her agreement.estoppel in paisSee equitable estoppel.promissory estoppelA type of estoppel that prevents a person who made a promise from reneging when someone else has reasonably relied on the promise and will suffer a loss if the promise is broken. For example, Forrest tells Antonio to go ahead and buy a boat without a motor, because he will sell Antonio an old boat motor at a very reasonable price. If Antonio relies on Forrest's promise and buys the motorless boat, Forrest cannot then deny his promise to sell John the motor at the agreed-upon price.(2) A legal doctrine that prevents the relitigation of facts or issues that were previously resolved in court. For example, Alvin loses control of his car and accidentally sideswipes several parked cars. When the first car owner sues Alvin for damages, the court determines that Alvin was legally drunk at the time of the accident. Alvin will not be able to deny this fact in subsequent lawsuits against him. This type of estoppel is most commonly called collateral estoppel.
WORK MADE FOR HIRE
A work created by an employee within the scope of employment or a work commissioned an author under contract. With a work for hire, the author and copyright own... (more...)
A work created by an employee within the scope of employment or a work commissioned an author under contract. With a work for hire, the author and copyright owner of a work is the person who pays for it, not the person who creates it. The premise of this principle is that a business that authorizes and pays for a work owns the rights to the work. There are two distinct ways that a work will be classified as 'made for hire.'the work is created by an employee within the scope of employment; or the work is commissioned, is the subject of a written agreement, and falls within a special group of categories (a contribution to a collective work, a part of a motion picture or other audiovisual work, a translation, a supplementary work, a compilation, an atlas, an instructional text, a test, or as answer material for a test). The work made for hire status of a work affects the length of copyright protection and termination rights.
FORECLOSURE
The forced sale of real estate to pay off a loan on which the owner of the property has defaulted.
SECURITY DEPOSIT
A payment required by a landlord to ensure that a tenant pays rent on time and keeps the rental unit in good condition. If the tenant damages the property or le... (more...)
A payment required by a landlord to ensure that a tenant pays rent on time and keeps the rental unit in good condition. If the tenant damages the property or leaves owing rent, the landlord can use the security deposit to cover what the tenant owes.
EASEMENT
A right to use another person's real estate for a specific purpose. The most common type of easement is the right to travel over another person's land, known as... (more...)
A right to use another person's real estate for a specific purpose. The most common type of easement is the right to travel over another person's land, known as a right of way. In addition, property owners commonly grant easements for the placement of utility poles, utility trenches, water lines or sewer lines. The owner of property that is subject to an easement is said to be 'burdened' with the easement, because he or she is not allowed to interfere with its use. For example, if the deed to John's property permits Sue to travel across John's main road to reach her own home, John cannot do anything to block the road. On the other hand, Sue cannot do anything that exceeds the scope of her easement, such as widening the roadway.
RIGHT OF SURVIVORSHIP
The right of a surviving joint tenant to take ownership of a deceased joint tenant's share of the property. See joint tenancy.
IP
See intellectual property law.
SAMPLE LEGAL CASES
MORRIS COMM. v. BESSEMER CITY ZONING BOA
On 21 November 2005, Fairway applied to Gaston County for a building permit ("the building
permit"). The building permit was issued on 13 December 2005 [1] and contained, inter alia,
the following language: "This permit becomes null and void if work or construction ...
LAMAR OCI SOUTH CORPORATION v. STANLY COUNTY ZONING BOARD OF ADJUSTMENT
LAMAR OCI SOUTH CORPORATION d/b/a Lamar Advertising of Asheville, Petitioner v. STANLY
COUNTY ZONING BOARD OF ADJUSTMENT and Stanly County, Respondents. ... Van
Winkle, Buck, Wall, Starnes & Davis, PA, by Craig D. Justus, Asheville, for petitioner- ...
Musi v. Town of Shallotte
... We affirm. This appeal arises from a zoning decision of the Board of Alderman of the Town of
Shallotte, in Brunswick County, North Carolina. ... In 2006 the subject property was subject to the
zoning authority of Brunswick County, and had an R-7500 zoning designation. ...
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