Hot Topics in Real Property (2023 Real Property Section Winter Program)
8:25 Registration and Continental Breakfast
8:55 Welcome and Introductions
9:00 Welcome to the Land of Distress: Dealing With Real Property in Bankruptcy and Receivership
Lisa P. Sumner, Nexsen Pruet LLC, Raleigh
Unleased space, fraud, mismanagement — no matter the cause, when distressed properties wind up in a receivership or a bankruptcy case, practitioners need to be familiar with the process so they can anticipate the legal issues and counsel clients appropriately. Examine the automatic stay, how leases are treated in bankruptcy, and flashpoints in receivership cases.
10:10 Commercial Leasing: Practice Points and Lessons Learned
Susan L. Elliott, Wyrick Robbins Yates & Ponton LLP, Raleigh
Whether you practice residential or commercial real estate, most practitioners will be asked to review and negotiate a commercial lease agreement at some point in their careers. Review the basics of leasing and delve into certain specific terms and conditions. In addition, attendees also hear about lessons learned from negotiations of office, industrial and retail leasing for use in today’s environment.
11:20 What Took So Long? "Hot" Issues in the 2021 ALTA Forms
Nancy S. Ferguson, Chicago Title Company LLC, Greensboro
The ALTA 2021 policies and endorsement changes were developed over 15 years as a result of a lot of title battles, from access to zoning! This presentation focuses on some of the practical issues and misconceptions about title insurance coverage these forms were developed to address. So, what is "good title" or "marketable title" or "insurable title"? That is the question!
12:20 Lunch Break
1:20 What Is Hotter Than Hot? Solar Panels, Marketable Title and Other HOA Matters
James Matthew "Matt" Waters, Jordan Price Wall Gray Jones & Carlton PLLC, Raleigh
Solar panels, marketable title, and the application of the Condominium Act on condominiums created on or before October 1, 1986, all heated up in the appellate courts in 2022. These cases all signaled big changes or potential big changes to the operation and governance of community associations. This presentation explores these cases and the impact on community associations — both condos and planned communities — all over North Carolina.
2:30 Land Use Entitlement Process in NC and the Regulation of Affordable Housing, Short-Term Rentals and Accessory Dwelling Units
Preston Mitchell, Womble Bond Dickenson (US)
LLP, Raleigh Michael C. "Mike" Thelen, Womble Bond Dickinson (US) LLP, Raleigh
Discuss the possible pathways, processes and general time frames applicable to entitling real estate in North Carolina (annexation, rezonings, subdivisions, site plans, special use permits, etc.) in a way that might inform the structure of a purchase and sale transaction. Then learn how local governments regulate affordable housing, accessory dwelling units, and short-term rentals from a land use perspective.
3:40 Competency and Confidentiality for Lawyers‡
Catherine Sanders Reach, NC Bar Association, Cary
Misfired emails. Erroneous attachments. Video conferencing bloopers. The Internet of Things. Improperly applied redaction. Overactive spam filters. Phishing. Exposed metadata. Weak passwords. Lost mobile devices. The list goes on. A lawyer's duties of competence and confidentiality are only two of the reasons to be security aware and competent in the use of technology. Learn how to avoid end-user error, maintain a security-first stance, guard client confidentiality and protect sensitive data. In this session we explore common threats to law firm security and how to avoid them.
‡ Indicates portion providing Technology Training credit
Designed to address a variety of topics, the 2023 Real Property Section Winter Program discusses an assortment of trends and developments in real property law.
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