THURSDAY, OCTOBER 5, 2023
8:25 Registration and Continental Breakfast
Sponsored by Old Republic Title.
8:55 Welcome and Introductions
9:00 Entity Transactions and Considerations
Nancy Ferguson, Chicago Title, Greensboro
There are many types of entities out there — corporations, LLCs, partnerships, nonprofits, etc. — all of which can convey and purchase real property. This session discusses the added complexities of entity-involved real estate transactions, including 1099 requirements and obtaining appropriate corporate authority to sign real estate documents.
10:00 Break
10:10 Drafting and Negotiating Commercial Leases
Barbara Christy, Schell Bray PLLC, Greensboro
Christina Pearsall, Schell Bray PLLC, Greensboro
Lease agreements can be lengthy, complicated, and tedious to prepare and review; but their importance cannot be overstated. This session provides a general overview of commercial lease agreements, discusses the necessary terms that practitioners should include in these agreements, and provides tips for negotiating specific provisions, whether you are representing the landlord or tenant.
11:10 Break
11:20 Survey Review and Legal Description Drafting
Ann M. Cantrell, Maynard Nexsen, Greensboro
An understanding of the survey process can increase your chances of obtaining an accurate and clear representation of any real property in question. Learn what items to look for while reviewing a survey, as well as best practices and tips for working with surveyors. Also, take a dive into drafting complete and accurate real property legal descriptions to avoid future boundary disputes.
12:20 Lunch Break
1:20 Title Searching: Tips for a Complete Search
Teri Bowling, Manning Fulton & Skinner P.A., Raleigh
Searching title to real property in North Carolina requires not only an understanding of real property law, but also a consistent methodology and extreme attention to detail. Acquire insight into the processes, forms and tips included in this session for a standard full title search and hear best practices for a thorough and accurate search.
2:20 Break
2:30 Planned Development/Condominium Basics
Will A. Anderson III, Kennon Craver PLLC, Durham
Receive a basic introduction to the complexities and nuances of condominiums and other planned developments. Learn about the declarations, restrictive covenants, owners' associations, and state statutes that embody and define these developments.
3:30 Break
3:40 Commercial Underwriting and Endorsements
Jane Barkley, Investors Title, Charlotte
Become familiar with the intricacies of the commercial underwriting process, including the ultimate decision to grant or deny affirmative coverage over items affecting title. Additionally, receive an overview of common ALTA title insurance endorsements, including their purpose and importance.
4:40 Adjourn for the Day
FRIDAY, OCTOBER 6, 2023
8:25 Continental Breakfast
8:55 Announcements and Introductions
9:00 The Complexities of Modular vs. Manufactured Homes
Sarah E. Bowman, Worley & Peltz PLLC, Asheville
While they may seem interchangeable, modular homes and manufactured homes are very different creatures under North Carolina law. Learn the distinctions between the two, while receiving a refresher on certificates of title, DMV forms and other processes relating to title with respect to modular and manufactured homes.
10:00 Break
10:10 Construction Liens and Title to Real Property
Daniel Watts, Conner Gwyn Schenck PLLC, Raleigh
Jay M. Wilkerson, Conner Gwyn Schenck PLLC, Raleigh
It is essential for real estate attorneys to understand what construction liens are, how to use them appropriately, and when necessary, how to remove them. The lien process under North Carolina law is technical and requires incredible attention to detail. This session attempts to simplify the lien process by providing an overview of how liens are used, when liens are used, and what to do when you encounter a lien.
11:10 Break
11:20 Navigating 1031 Exchanges
Victoria Templeton, Investors Title, Chapel Hill
A 1031 exchange is an effective mechanism for sellers of investment real property to avoid hefty tax payments by exchanging their current property for other commercial real estate. How does this process work? This session provides an overview of the 1031 exchange process and other nuances, including the types of properties that qualify, how and when to establish a 1031 exchange, and the applicable deadlines.
12:20 Lunch Break
1:20 Guarding Against Seller Impersonation and Wire Fraud*
Brian Oten, North Carolina State Bar, Raleigh
Fraud is a scary thing — especially when there are large sums of money and real property involved. Learn about the continued prevalence of wire fraud and the emergence of seller impersonation fraud. More importantly, learn what you can do to protect your client from these fraudulent schemes.
2:20 Break
2:30 Real Property Under the Estate Umbrella
Charlie Brown, Brown Estate Planning & Elder Law, Graham
Alison Carr, Howard & Carr PLLC, Clinton
This session explores the special considerations that might manifest when real property and estate law collide. Such considerations include navigating conveyances of real property that are part of a decedent's estate and the infamous two-year rule.
3:30 Break
3:40 Environmental Issue Spotting
Vicki Garlington, Geosyntec Consultants, Durham
It is imperative that real estate attorneys be able to identify and highlight key environmental issues for clients when they seek to purchase real property. The ability to do so can go a long way in avoiding future costs for redevelopment and liability that far exceed costs for performing environmental due diligence. This session discusses the process by which comprehensive ESAs can meet minimum industry and regulatory requirements while supporting business and site use and development needs.
4:40 Adjourn
* Indicates portion providing Ethics/Professional Responsibility credit
