Davis Land Use & Zoning Lawyer, North Carolina


Deborah A. Van Dyken

Real Estate, Trusts, Family Law, Civil Rights
Status:  In Good Standing           Licensed:  32 Years

Kenneth M. Kirkman

Real Estate, Family Law, Trusts, Wills & Probate
Status:  In Good Standing           Licensed:  47 Years

Lawrence James Labrie

Real Estate, Construction, Foreclosure, Contract
Status:  Inactive           

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LEGAL TERMS

COVENANT

A restriction on the use of real estate that governs its use, such as a requirement that the property will be used only for residential purposes. Covenants are ... (more...)
A restriction on the use of real estate that governs its use, such as a requirement that the property will be used only for residential purposes. Covenants are found in deeds or in documents that bind everyone who owns land in a particular development. See covenants, conditions and restrictions.

SERVIENT TENEMENT

Property that is subject to use by another for a specific purpose. For example, a beachfront house that has a public walkway to the beach on its premises would ... (more...)
Property that is subject to use by another for a specific purpose. For example, a beachfront house that has a public walkway to the beach on its premises would be a servient tenement.

FIERI FACIAS

Latin for 'that you cause to be done.' This is a court document that instructs a sheriff to seize and sell a defendant's property in order to satisfy a monetary... (more...)
Latin for 'that you cause to be done.' This is a court document that instructs a sheriff to seize and sell a defendant's property in order to satisfy a monetary judgment against the defendant.

EXECUTRIX

An old-fashioned term for a female executor--the person named in a will to handle the distribution of the deceased person's property. Now, whether male or femal... (more...)
An old-fashioned term for a female executor--the person named in a will to handle the distribution of the deceased person's property. Now, whether male or female, this person is called either the executor or the personal representative.

IMPLIED WARRANTY OF HABITABILITY

A legal doctrine that requires landlords to offer and maintain livable premises for their tenants. If a landlord fails to provide habitable housing, tenants in ... (more...)
A legal doctrine that requires landlords to offer and maintain livable premises for their tenants. If a landlord fails to provide habitable housing, tenants in most states may legally withhold rent or take other measures, including hiring someone to fix the problem or moving out. See constructive eviction.

JUROR

A person who serves on a jury. Lists of potential jurors are obtained from sources such as voter registration rolls and department of motor vehicles' lists. In ... (more...)
A person who serves on a jury. Lists of potential jurors are obtained from sources such as voter registration rolls and department of motor vehicles' lists. In most states, employers are prohibited from discriminating against employees who are called for jury duty--that is, they cannot demote or fire an employee for serving. And a few states require that the employer continue to pay the absent employee. Individuals who are selected to serve on a jury receive from the court a very small fee for their time and sometimes the cost of traveling from home to court.

APPRECIATION

An increase in value. Appreciated property is property that has gone up in value since it was acquired.

INHERITORS

Persons or organizations who receive property from someone who dies.

REFORMATION

The act of changing a written contract when one of the parties can prove that the actual agreement was different than what's written down. The changes are usual... (more...)
The act of changing a written contract when one of the parties can prove that the actual agreement was different than what's written down. The changes are usually made by a court when both parties overlooked a mistake in the document, or when one party has deceived the other.

SAMPLE LEGAL CASES

MORRIS COMM. v. BESSEMER CITY ZONING BOA

On 21 November 2005, Fairway applied to Gaston County for a building permit ("the building permit"). The building permit was issued on 13 December 2005 [1] and contained, inter alia, the following language: "This permit becomes null and void if work or construction ...

LAMAR OCI SOUTH CORPORATION v. STANLY COUNTY ZONING BOARD OF ADJUSTMENT

LAMAR OCI SOUTH CORPORATION d/b/a Lamar Advertising of Asheville, Petitioner v. STANLY COUNTY ZONING BOARD OF ADJUSTMENT and Stanly County, Respondents. ... Van Winkle, Buck, Wall, Starnes & Davis, PA, by Craig D. Justus, Asheville, for petitioner- ...

Musi v. Town of Shallotte

... We affirm. This appeal arises from a zoning decision of the Board of Alderman of the Town of Shallotte, in Brunswick County, North Carolina. ... In 2006 the subject property was subject to the zoning authority of Brunswick County, and had an R-7500 zoning designation. ...