Day 1 | 2023 Real Property Fundamentals Program

THURSDAY, NOVEMBER 16, 2023

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.

9:58 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.

11:00 Break

11:10 Survey Review and Legal Description Drafting

Ann M. Cantrell, Maynard Nexsen PC, 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.

12:09 Lunch Break

12:39 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.

1:40 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.

2:41 Break

2:51 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.

3:52 Adjourn for the Day

FRIDAY, NOVEMBER 17, 2023

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.

10:01 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.

11:02 Break

11:12 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.

12:13 Lunch Break

12:43 Guarding Against Seller Impersonation and Wire Fraud^*

Douglas "Doug" Miller, North Carolina State Bar, Raleigh
Barry McNeill, North Carolina State Bar, Raleigh
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.

1:42 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.

2:42 Break

2:52 Environmental Issue Spotting

Vicki Garlington, Geosyntec Consultants of NC PC, Raleigh

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.

3:52 Adjourn

* Indicates portion providing Ethics/Professional Responsibility credit

Thank you

Thank you for joining us for Day 1 of the 2023 Real Property Fundamentals Program. We'll see you tomorrow.

Description

Designed to assist all dirt lawyers, this program covers both residential and commercial components of real estate law.

Contributors

William A. "Will" Anderson III

William A. "Will" Anderson III concentrates on commercial real estate law with Kennon Craver PLLC in Durham. He has extensive experience representing real estate developers, investors and homebuilders with the acquisition, financing, development, leasing, and disposition of various projects, including large mixed-use projects and public-private partnerships. He counsels his clients on the range of issues related to these transactions, including those arising with condominiums.

Will has negotiated numerous leases for commercial landlords and tenants. In addition, he represents land trusts and private landowners in land conservation transactions involving purchases, conservation easements and charitable gifts.

Will has served on community boards and currently does pro bono work to support local organizations focused on issues important to him, including land conservation, the arts, and assisting the underprivileged.

Will has been named in Best Lawyers in America© (2011-2018), Real Estate Law. He has regularly been named (including 2020) one of the Legal Elite (Real Estate) by Business North Carolina magazine.

Will earned his B.A. from the University of North Carolina at Chapel Hill and his J.D. from the University of North Carolina School of Law.

Click here for more information about Will.
Jane Barkley

Jane Barkley is Vice President - Commercial Services Division Manager and Title Attorney at Investors Title in Charlotte. She joined Investors Title in 2014 as a senior title attorney specializing in commercial business development and commercial services.

Prior to joining Investors Title, Jane was counsel to national title underwriters for over 16 years, a former assistant city attorney for the city of Charlotte, a partner at Barkley and Barkley, Attorneys at Law, and legal counsel, hearing officer, and assistant clerk of court for Mecklenburg County.

Jane is a frequent presenter on a variety of real estate topics at Continuing Legal Education programs for the North Carolina Bar Association and the National Business Institute. A former board member of Commercial Real Estate Women (CREW), she received a CREW Networking award for influencing the success of women in the commercial real estate industry.

Jane earned her bachelor's degree from Guilford College and her J.D. from the University of North Carolina School of Law.

Click here for more information about Jane.
Teresa L. "Teri" Bowling

Teresa L. "Teri" Bowling, ACP, NCCP is a paralegal with Manning Fulton & Skinner PA in Raleigh where she assists attorneys in commercial real estate transactions.

Teri is an adjunct faculty member of the Meredith College Paralegal Program, where she has co-taught the Real Estate Specialty course since 1993 and the Real Estate Title Searches short course since 1992.

A member of the NCBA Paralegal Division and the NCBA Real Property Section, Teri has served the Paralegal Division in numerous capacities. She is currently serving a three-year term as a member of the North Carolina State Bar Board of Paralegal Certification. She is a frequent CLE/CPE presenter on topics related to real property title searches in North Carolina. She is currently serving a three-year term as a member of the North Carolina State Bar Board of Paralegal Certification.

Teri earned her B.A. in Economics from the University of North Carolina at Chapel Hill. She earned her Paralegal Certificate, specializing in Real Estate, from the Meredith College Paralegal Program. She earned her North Carolina State Bar Certified Paralegal (NCCP) certification and earned both the Certified Paralegal (CP) designation and Advanced Certified Paralegal (ACP) credential in Real Estate from the National Association of Legal Assistants.

Click here for more information about Teri.
Sarah E. Bowman

Sarah E. Bowman is an associate attorney at Worley & Peltz PLLC in Asheville. She focuses her practice primarily on real estate transactions. She has handled countless manufactured home transactions.

Sarah is an active member of the Real Estate Lawyers Association of North Carolina, where she currently sits on the Board of Directors, and is also a member of the 40th Judicial District Bar, the North Carolina State Bar, and the North Carolina Bar Association.

Sarah earned her B.A. in History and Political Science from the University of North Carolina at Chapel Hill and her J.D. from Campbell University, Norman Adrian Wiggins School of Law.

Click here for more information about Sarah.
Charlie D. Brown

Charlie D. Brown is an attorney and owner of Brown Estate Planning & Elder Law in Graham. He is a Board Certified Specialist in Estate Planning and Probate Law, focusing his practice on the transfer and protection of assets.

Charlie has been in private practice with a multi-city law firm, has been a tax advisor with Arthur Andersen, a trust officer with Wachovia Bank, a realtor, a choir director, a wedding singer, a fire extinguisher salesman, and once was paid to dance and sing in a Lion costume.

Charlie has been named one of North Carolina's "Legal Elite" by Business North Carolina, (2013 most recently), was named one of the "Rising Stars" and a "Super Lawyer" (2013) in the North Carolina publication Super Lawyers. He recently received a Peer Review Rating from Martindale Hubbell of "AV". In 2006, he was named one of the "40 Under Forty" business leaders in the Triad. He recently served on the Section Council for the North Carolina Bar Association's Estate Planning & Fiduciary Law Section, and he is the former chair of the State Bar's committee that tests attorneys who seek to become estate planning specialists.

Charlie has served on the Boards of Directors of the Wake County Center for Volunteer Caregiving, the Alamance Foundation, the Alamance/Caswell Red Cross, the Community Theater of Greensboro and the Alamance Community College Foundation. He established the ACC Foundation's annual "Donor Recipient Reception" and led the Red Cross' first "Hero" campaign.

Charlie graduated, magna cum laude, from the undergraduate school and then earned both his MBA and J.D. (Law Review Editor) from Wake Forest University.

Click here for more information about Charlie.
Ann M. Cantrell

Ann M. Cantrell, NCCP is a paralegal at Maynard Nexsen PC in Greensboro. She assists attorneys with commercial real-estate transactions and foreclosures.

Ann began her tenure with this firm in 1995 when she took a position with Adams Kleemeier Hagan Hannah & Fouts PLLC, which subsequently merged with the firm now known as Maynard Nexsen PC. Prior to joining Adams Kleemeier, she was a paralegal at the firm formerly known as Nichols Caffrey Hill Evans and Murrelle in Greensboro.

Ann is a current member of the Paralegal Division of the North Carolina Bar Association, the NCBA Real Property Section, and the North Carolina Paralegal Association. Her contributions to the paralegal community include serving as a co-planner of the NCBA Paralegal Division's 2017, 2018, and 2019 Annual Meetings, and as a past president, vice-president, and treasurer of the Greensboro Paralegal Association.

In addition, Ann co-authored, with an attorney, a textbook for use in paralegal certification programs, entitled Essentials of Real Estate Law, which was published in 2015 by Pearson Publishing. In 2010, she wrote an article entitled, "Preparing Effective and Efficient Legal Descriptions," which was published in multiple media, most notably NC Lawyers Weekly and NALA's Facts & Findings, and which has been utilized by Chicago Title Insurance Company in its seminars on this topic. In 2018 she participated as a panelist for a webinar entitled, "What You Need to Know About E-Recording: Considerations, Nuances, and Pitfalls," sponsored by the NC Best Practices Task Force.

Ann earned her B.S. in Communications from Appalachian State University. She is a NC State Bar Certified Paralegal.

Click here for more information about Ann.
Alison Carr

Alison Carr is a partner at Howard & Carr PLLC in Clinton. She has spent her entire career practicing law in Sampson County, primarily in the areas of estate administration and farm and commercial real estate transactions.

Alison is a past President of the 4th Judicial District, a graduate of the inaugural class of the NC Bar Association's Leadership Academy, and has served on the Chief Justice's Commission on Professionalism. She has also served as President of the Clinton-Sampson Chamber of Commerce and as a board member of many community organizations. She is a current member of the BarCARES Board.

Alison earned her B.A. in History from the University of North Carolina at Chapel Hill and her J.D. from the Campbell University Norman Adrian Wiggins School of Law.

Click here for more information about Alison.
Barbara Christy

Barbara Christy is an attorney with Schell Bray PLLC in Greensboro. Her practice focuses on commercial real estate transactions. She assists clients in all aspects of the acquisition and disposition of commercial real property, including preparation of contracts, due diligence, review and negotiation of loan documents, examination of title, 1031 exchange issues and closing. She has extensive experience with multi-family and shopping center properties, but has closed virtually every type of commercial property, including undeveloped lots, office buildings and senior living facilities. In connection with these transactions, she has represented borrowers in obtaining a wide variety of financing, including conventional, securitized, mezzanine and Freddie Mac/Fannie Mae loans.

Barbara has negotiated and prepared organizational documents for partnerships, limited liability companies, joint ventures, special purpose entities, real estate funds and other types of ownership entities.

In addition to her transactional practice, Barbara reviews and prepares commercial leases for both tenants and landlords, assists clients with resolution of title issues and has represented developers in connection with planned unit, condominium and mixed-use communities. Somewhat unusually, she enjoys opinion letter work and often acts as North Carolina counsel for out-of-state borrowers.

Barbara earned her B.S., magna cum laude, in Criminal Justice from Appalachian State University and her J.D. from the University of North Carolina School of Law.

Click here for more information about Barbara.
Taylor Emory

Taylor Emory is an attorney with Wyrick Robbins Yates & Ponton LLP in Raleigh and a member of the firm's Commercial Real Estate Practice Group. He represents clients through all phases of commercial real estate transactions. He guides developers through the acquisition, financing, and development of office, mixed-use, and multi-family projects, and represents both landlords and tenants in office, industrial, and retail leasing.

Taylor earned his B.A. in Political Science, with distinction, from the University of North Carolina at Chapel Hill and his J.D., magna cum laude, from Campbell University School of Law. During law school, he served as Editor-in-Chief of the Campbell Law Review and served on the Pro Bono Council.

Click here for more information about Taylor.
Nancy S. Ferguson

Nancy S. Ferguson is Vice President and Senior State Underwriting Counsel for Chicago Title in the Greensboro office as well as North Carolina State Counsel for the Fidelity National Title Group.

Nancy provides legal underwriting support to our approved attorneys, agents and underwriters as well as focusing on claims management and prevention. This experience ranges from drafting and participating in significant legislation to working with industry leaders on comprehensive responses to marketplace changes to gathering or coordinating resources to help our customers practice better and more efficiently.

Nancy has served as officer and on multiple committees of the Real Property Section of the North Carolina Bar Association, as President of the North Carolina Land Title Association, President of the Greensboro Bar Association, Chair of the Greensboro Bar Association Real Property Section, as 18th Judicial District Councilor of the North Carolina State Bar, as a member of the Real Property Law committee of the North Carolina State Bar Board of Legal Specialization and is a member of the American College of Real Estate Attorneys (ACREL) and the American College of Mortgage Attorneys (ACMA).

Nancy is a frequent presenter at CLE seminars and has published articles on various real estate topics for many organizations. She is North Carolina co-editor of the ALTA Title Insurance Regulatory Survey. She is a co-author of North Carolina Real Estate, With Forms 3d Edition (Thomson-Reuters, West Publishing).

Nancy received her undergraduate degree and her J.D. from the University of North Carolina at Chapel Hill and her M.B.. from Wake Forest University. She is a North Carolina State Bar Board Certified Specialist in Real Property Law: Business, Commercial, Industrial and Residential.

Click here for more information about Susan.
Vicki Garlington

Vicki Garlington is a Project Geologist at Geosyntec Consultants of NC, P.C. in Raleigh. She is a licensed professional geologist (North Carolina) and has worked in the environmental industry since 2002. Her experience includes working as a professional in the environmental industry both as an environmental consultant and technical sales account manager. Her most recent regulatory career experience includes but is not limited to the North Carolina Department of Environmental Quality (NCDEQ) Brownfields Redevelopment Section (BRS) Program, United States Environmental Protection Agency (U.S. EPA) Brownfields, Resource Conservation Control and Recovery Act (RCRA), Coal Combustion Residual (CCR), polychlorinated biphenyl (PCB) Toxic Substance Control Act (TSCA) Clean-up, and state-led voluntary site remediation programs.

Vicki's work has included, investigation and clean-up, Phase I and II Environmental Site Assessments (ESAs), and facility decommissioning for clientele in the commercial/industrial, energy, institutional and transportation sectors. She is considered an Environmental Professional as defined by the standards and procedures for AAI (40 CFR 312).

Vicki has served as the primary author or reviewer of over one hundred environmental due diligence transactions including the preparation of Phase I and/or II ESAs located in many areas of the U.S. and abroad. Since 2015, she has supported the redevelopment of over ten properties under the NCDEQ BRS Program.

Vicki earned her B.S. in Geosciences, with a focus on Geochemistry, from Penn State University.

Click here for more information about Vicki.
Douglas "Doug" Miller

Douglas "Doug" Miller is a financial investigator at the North Carolina State Bar in Raleigh. He is a CPA and CFE (from the Association of Certified Fraud Examiners).

Doug is a retired from the U.S. Department of the Treasury as a Criminal Investigator.

Doug graduated from The Citadel and earned his B.B.A. in Accounting from Campbell University.

Click here for more information about Doug.
Barry McNeill

Barry McNeill is Deputy Counsel at the North Carolina State Bar in Raleigh.

Click here for more information about Barry.
Brian P. Oten

Brian P. Oten is the Director for Ethics and Special Programs at the North Carolina State Bar.

Brian joined the State Bar's Office of Counsel in 2007 as deputy counsel and moved to his current role in 2018 where he serves as chief ethics counsel and director for the boards of legal specialization and paralegal certification.

Brian earned his B.A. from UNC-Chapel Hill and his J.D. from the UNC School of Law.

Click here for more information about Brian.
Christina Pearsall

Christina Pearsall is an attorney at Schell Bray PLLC in Greensboro. She focuses her practice primarily in transactional commercial real estate. She assists developers, property managers, individual and corporate investors, and other businesses with the acquisition, development, financing and sale of real property. Her work includes preparing organizational documents for entities including partnerships and limited liability companies, reviewing and negotiating loan documents, examining titles, addressing due diligence matters, conducting closings and ensuring compliance with like-kind exchange requirements. She has worked with various types of commercial properties, including mixed-use developments, shopping centers, multi-family/apartment complexes, low-income housing, industrial centers, and senior-living facilities.

Christina also has considerable experience representing both landlords and tenants in negotiating and preparing commercial leases for retail, office, restaurant and industrial spaces.

Christina has served on the Council of the Real Property Section of the North Carolina Bar Association from 2017 through 2023, having served as chair of the Council in 2021-2022. She is a past president and past member of the Board of Directors of Piedmont Triad Commercial Real Estate Women (PT CREW). She is also a member of the Greensboro Bar Association, CREW Network and the International Council of Shopping Centers (ICSC).

Christina earned her B.S.W. in Social Work from the University of North Carolina at Greensboro, her J.D., magna cum laude, from North Carolina Central University and her LL.M. (Tax) from Boston University.

Click here for more information about Christina.
Victoria Templeton

Victoria Templeton is Senior Vice President and Exchange Counsel at Investors Title in Chapel Hill. She handles 1031 exchange transactions including simultaneous, deferred, build-to-suit, and reverse exchanges (parking transactions).

Prior to joining ITEC, Victoria served as an attorney for several firms in California, including the Office of Counsel for IBM in San Jose, Portal Software in Cupertino, and the Technology Finance Division of Hewlett-Packard Company in Mountain View.

Victoria is an active member of the Federation of Exchange Accommodators serving on multiple committees.

Victoria earned her B.A. in Political Science from Bates College and her J.D. from Santa Clara University School of Law. In 2020, she achieved the Certified Exchange Specialist® designation, a national designation awarded to 1031 exchange professionals.

Click here for more information about Victoria.
Daniel Watts

Daniel Watts is an associate at Conner Gwyn Schenck PLLC in Raleigh. The focus of his practice is litigation and arbitration of construction disputes and drafting, reviewing, and negotiating contracts.

Prior to joining Conner Gwyn Schenck, Daniel worked as a law clerk at the North Carolina Court of Appeals for the Honorable Robert N. Hunter, Jr. and as an Assistant District Attorney in the Wake County District Attorney's Office.

Daniel earned a B.S. in Business Administration Marketing and a B.S., Sociology from Elon University, and earned his J.D., cum laude, from Elon University School of Law. While in law school at Elon University School of Law, he participated in national moot court competition, was Law Review Symposium Editor, and was a Presidential Scholar, Dean's Fellow, and Leadership Fellow. He was a four-year Division-I varsity basketball player at Elon University.

Click here for more information about Daniel.
Jay M. Wilkerson

Jay M. Wilkerson is a partner with the firm of Conner Gwyn Schenck PLLC in Raleigh. He has been in private practice continuously since 1992. He has a wide experience with the legal issues surrounding both private and public construction projects. The majority of his practice involves construction litigation, arbitration and mediation. He also has a specialty practice in defending contractors against citations issued by the North Carolina Occupational Safety and Health Administration (OSHA).

Jay earned his B.S. in Business Administration from the University of North Carolina at Chapel Hill and his J.D., with honors, from the University of North Carolina at Chapel Hill School of Law.

Click here for more information about Jay.

Thank you

Description

Contributors

William A. "Will" Anderson III

Jane Barkley

Teresa L. "Teri" Bowling

Sarah E. Bowman

Charlie D. Brown

Ann M. Cantrell

Alison Carr

Barbara Christy

Taylor Emory

Nancy S. Ferguson

Vicki Garlington

Douglas "Doug" Miller

Barry McNeill

Brian P. Oten

Christina Pearsall

Victoria Templeton

Daniel Watts

Jay M. Wilkerson