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In a real estate dispute where the subject property is owned as tenancy by the entirety, both husband AND wife are necessary parties and must be named in the lawsuit. In a previous posts we have talked about the importance of correctly naming the right business entity parties in lawsuits. (See C...

Recently, Google has referred several people to our website who have entered the following search phrase, “What is the difference between adverse possession and eminent domain?” de Ondarza Simmons, PLLC helps clients with both. So, we wrote this brief post to help explain the differences. As ...

Aggressive does not mean Obnoxious Everyone wants an aggressive attorney. But a lot of folks who are not lawyers think that means having a lawyer who is rude to the other side or the other lawyer. They think aggressive means obnoxious. This is nonsense. An aggressive attorney is one who advances ...

Laura Riddick Wake County Register of Deeds This week, Wake County Clerk of Court Lorrin Freeman and Wake County Register of Deeds Laura Riddick both gave presentations at the same meeting of the Wake County Real Property Lawyers Association. They each gave a short talk about their respectiv...

Will new enforceable attorneys' fees provisions in business contracts put more money at stake in your business dispute? Attorneys' Fees in Business Contracts: New Statute Makes Attorneys' Fees Provisions in Business Contracts Enforceable In North Carolina, the general rule is that a prevaili...

A person (including a business entity) can acquire title to property not just through a deed or under a will, but also through adverse possession. Adverse possession means possessing another's property under certain conditions for a certain period of time. As a result, two things happen. The titl...

Henry James Bar-Be-Que, Inc. v. Gilmore, 2011 WL 1238180, No. COA 10-729 (April 5, 2011) This is an unpublished opinion in a case that arose out of the breach of a sublease of a “sports restaurant” in Greensboro.  The North Carolina Court of Appeals decision addressed two main arguments, one proc...

Update!: Once you have read about what specific “designated delivery services” can be used in North Carolina, you might want to  download our Free Word Form Affidavit of Service by Designated Delivery Service. To download it now, you should click here. Problems Serving Defendants in Business L...

Eminent Domain: Condemnor had to provide a deposit for the taking. Eminent Domain: Condemnor's Deposit and Your Answer What the condemnor has to do to take your property Public condemnors are governmental entities with the power of eminent domain, the power to take private property fo...