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Original Program: Advanced Topics in Real Property: A Specialization Review, September 21, 2018

Available format

This program focuses on key topics to help attendees prepare for the NC State Bar Real Property Specialization Exam.

The speakers provide an overview of recent legislative and case law updates and their impact on the practice of real property law.

The program structure then guides attendees through the negotiation process of purchase and sale agreements as well as the due diligence stage in the commercial real estate context.

Lastly, Professor Orth provides an in-depth look at new court decisions that provide updates to the interpretation of adverse possession law in North Carolina.

Planned by the NCBA Real Property Section

Click on the "In Depth" tab for session and speaker information.

TUITION RATE. Membership discounts automatically apply at checkout.  

Standard: $325
NCBA Member: $270
NCBA Real Property Law Section Member: $250
CLE Premier Pass: $0


Discounts are available for NCBA members who are law professors, judges, or legal services/public interest attorneys. Call CLE at 800.228.3402 for details.

Product Information
Product Date:
September 21, 2018
Chapter 1 | Real Property Legislative Trends in North Carolina | 59 minutes

This session provides a summary of recent legislation enacted in North Carolina and its impact on real property law.

Topics covered include:

  • Summary of the North Carolina Uniform Power of Attorney Act
  • Chapter 32C of the North Carolina General Statutes
  • Chapter 32C North Carolina Uniform Power of Attorney
  • Article 14A Assumed Business Name Act
  • §47-36.1 Notice of Errors in Recorded Instruments of Title
Speaker Information
Stephen B Brown Sr  [ view bio ]
Chapter 2 | Recent Updates in North Carolina Real Property Case Law | 63 minutes

This session provides an overview of new court decisions interpreting real property law.

Topics include:

  • Dissolved/foreign corporation’s ability to own/sell property
  • Constructive ouster by co-tenant
  • Setting aside judgments ordering judicial sales of real property
  • Option contracts / time is of the essence
  • Real estate brokers contract/duty of good faith
  • Foreclosure sales/deficiency judgments- g.s. 45-21.36 and 45-21.38
  • Foreclosure-upset bid period
  • Partition by tenant in common
  • Planned community/condominium/cooperative
  • Will/deed
  • Securities, brokers, etc
  • Condemnation
Speaker Information
Judge R Christopher Dillon  [ view bio ]
Chapter 3 | The Nuances of Commercial Purchase and Sale Agreement | 62 minutes

This session models the negotiation process of commercial purchase and sale agreements between a buyer and seller.

The panelists provide key interests that they must consider while negotiating and highlight how these interests shift depending on the client.

Speaker Information
Thomas H Johnson Jr  [ view bio ]
James K Pendergrass Jr  [ view bio ]
Tonya B Powell  [ view bio ]
Chapter 4 | An In-Depth Look at ALTA/NSPS Land Title Surveys | 60 minutes

This session focuses on the key items that real estate attorneys should look for when reviewing an ALTA Land Title Survey.

Hear a review and discussion of Table A of the 2016 Minimum Standard Detail Requirements and learn tips and best practices for working with licensed surveyors.

Speaker Information
Mark T Smith  [ view bio ]
Chapter 5 | Negotiating Title Commitments | 62 minutes

This session reviews the parts of a title commitment and the various available endorsements.

The three presenters go through the negotiation process, with each attorney explaining the specific interests of various example clients.

Topics include:

  • Covenants, conditions and restrictions
  • Easements
  • On-line title search and e-recording issues
  • Tacking issues
  • Priority and micro-seconds
  • Rights of First Refusal
  • Railroad issues
  • Leasehold policy issues
  • Common Commercial Endorsements
  • Chicago Title BLAWG: “Construction loans, Mechanics’ Lien Agent and mechanic’s lien coverage”
  • Authority documentation
  • Why did the title company say that?: Planning for different parties, states, rates, forms and coverages
Speaker Information
Margaret Shea Burnham   [ view bio ]
Nancy S Ferguson  [ view bio ]
Diana R Palecek  [ view bio ]
Chapter 6 | Recent Developments in the Law of Adverse Possession Doctrine | 60 minutes

This session focuses on three North Carolina statutes:

  1. Adverse possession
  2. Color of title
  3. Injury to incorporeal hereditaments

Professor Orth analyzes recent North Carolina court decisions and their impacts on these statutes.

Speaker Information
John V Orth  [ view bio ]
Individual topic purchase: Selected
NC State Bar
Mandatory Continuing Legal Education (MCLE) and Certified Paralegal Education (CPE) (Total): 6.00
Real Property Law Specialization : 6.00
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