2016 Hot Topics in Real Property

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1 Real Property 2016 Hot Topics in Real Property LIVE LIVE WEBCAST Friday, February 19, 2016 NC Bar Center, Cary VIDEO REPLAYS Cary Friday, July 22 Charlotte Friday, June 17 More: tinyurl.com/457rpp CLE CREDIT: 6.0 Hours Includes 1.0 Hour Ethics/Professional Responsibility; Qualifies for State Bar Real Property Law Specialization credit Planned by the NCBA Real Property Law Section SUMMARY In today s ever-changing and fast-paced economy, clients seek real estate attorneys to assist them in identifying, preventing and/or resolving both common and complex real estate problems that may arise at any stage of the transaction. This year s program is designed to help educate attorneys about the recent developments in real estate law and, at the same time, provide the tools necessary to avoid, manage and resolve the above-described problems. Understand how new laws, recent cases and the latest land use law developments may affect your real estate practice. Discover the world of solar farm projects and how to review, understand and negotiate the key provisions of leases between the landowner and the solar developer. Acquire the skills necessary to navigate tax law issues that real estate attorneys encounter on a daily basis. Hear first-hand accounts of the common problems that arise in connection with the formation of planned use and condominium communities/developments and how to resolve these issues after the fact. Learn how to recognize and avoid common pitfalls in residential and commercial transactions that result in real estate claims.

2 2016 Hot Topics in Real Property #457RPP and #457LWC February 19, 2016 FOUR WAYS TO REGISTER ONLINE* PHONE* FAX* MAIL** Attn: Accounting, NCBA Foundation, P.O. Box 3688, Cary NC *Credit cards only. **Please make checks payable to the NCBA Foundation. TUITION LIVE WEBCAST VIDEO REPLAY (VR) Select format and tuiton rate below. REGISTRANT TYPE EARLY BIRD TUITION Received one week prior to program date. REGULAR TUITION Received less than one week prior to program date. WEBCAST TUITION NCBA Real Property Law Section Member $215 $265 $290 NCBA Member $235 $285 $310 NCBA Paralegal Division Member $155 $205 $230 Non-member $285 $335 $360 Full-time LANC Attorney $155 $180 1st Year Licensed in NC These categories do not qualify for Early Bird tuition. $99 $124 CLE Passport Holder 6 Tokens 6 Tokens SELECT ONE Judge Clerk of Court Law Professor Law Student Division Member Paralegal Student Member These categories do not qualify for Early Bird tuition or include any MCLE fees. $25 Choose from the applicable Webcast tuition options above. VIDEO REPLAY LOCATIONS For an updated list, see Cary #457BAR Charlotte #457CHA Other (if applicable, from website): City: Code: #457 REGISTRANT INFORMATION Please print clearly. Print Full Name: Firm/Organization Name: Address: City, State and ZIP: Daytime Phone Number: Address: NC State Bar No. (Required for MCLE Credit): 457RPP-B PAYMENT Registration is processed only after payment is received. Please print clearly. Enclosed is a check, payable to the NCBA Foundation. Please charge my credit card. Card Number: Expiration Date: Total Amount: Signature:

3 Program Agenda Thursday, February 19, 2016, 8:15a 4:30p 8:15a Registration 8:55 Welcome and Introductions 9:00 First Aid for POAs: Tips for Preventing and Repairing Mistakes in Planned Communities Margaret Shea Burnham and Brian Kernaghan A panel discussion regarding the challenges and solutions with planned use and condominium communities/developments with one speaker playing the role of developer and the other speaker playing the role of homeowner. 10: Case Law Update Marc Garren Take a critical look at the Real Property cases from the North Carolina Supreme Court and Court of Appeals from October 2014 through the summer of Everyone is encouraged to discuss how these decisions will impact their practice and how they might adjust their office practice, forms or counsel to their client. 10:30 Break 10: Statutory Law Update Amy Lanning A discussion of 2015 legislation that impacts real estate practice plus an overview of potential 2016 legislation. 11:15 Real Estate Tax Update and 1031 Exchanges Keith Wood Real estate and tax law work hand-in-hand. In this session, real estate practitioners learn about recent tax developments, including dealer vs. investor issues and the new developments in Section 1031 like-kind exchanges. 12:15p Networking Lunch (included at Live program only) 1:00 Utilization of Farm Land for Solar Development Jennifer L. Kerrigan Solar energy is a booming business in North Carolina and our state is second in the nation for solar development. Solar farm projects are guided by specific legal provisions unique to the solar energy industry. These projects are commonly structured as a ground lease between the landowner and the solar developer. A landlord s counsel needs to be aware of which provisions in ground leases are negotiable and which generally are not in order for these leases to be financeable. 2:00 Key Developments in Local Government Powers and Land Use Law Michael C. Thelen Land use laws impact every real estate transaction. These laws are constantly changing and being reinterpreted at the state and local legislative levels and at the judicial level. This session focuses on recent land use law developments in North Carolina, including but not limited to zoning laws, subdivision laws, quasi-judicial proceedings, development agreements and local government powers in the land use space.

4 3:15 Break 3:30 What s Trending in Real Estate Claims?* Troy Crawford and Laura Loyek Join us for a timely discussion on the trickiest traps in residential and commercial real estate which include ethics dilemmas and area of practice questions. A discussion about how new regulations and guidelines impact practices will also be included. 4:30 Adjourn *Indicates portion providing Ethics/Professional Responsibility credit Step-By-Step Download Instructions 1. Go to 2. Click on Your Course Materials (on right-side navigation). 3. Log in. (If you need help with your log in, call ) 4. Click on the CLE program title. 5. Download and save. FINE PRINT REGISTRATION Registrations are limited by space, and may include a live video broadcast overflow room. TRANSFERS Registrants may transfer from a Live program, Video Replay, Webcast, Webinar or Phone/Audio Streaming Program without penalty within three business days after the program date. CANCELLATIONS Cancellations must be received by 9:00 a.m. the third business day prior to the program to qualify for a refund (less $75 administrative fee). Those not attending will receive the digital program materials in full consideration of tuition paid. MCLE CREDIT The North Carolina Bar Association Foundation is an accredited CLE sponsor under the MCLE Regulations promulgated by the NC State Bar Board of Continuing Legal Education. This program is approved (but not sponsored) by the Board for the designated number of CLE hours. Each attorney must maintain a record of his/her attendance for the NC State Bar annual report. MCLE credit is reported by NCBA Foundation only if a NC State Bar number is provided. Your CLE tuition includes mandatory State Bar fees used to support the State Bar s Mandatory Continuing Legal Education program, the Chief Justice s Commission on Professionalism and the Chief Justice s Equal Access to Justice Commission. Your tuition also includes digital access to all program materials. DIGITAL PROGRAM MATERIALS You will receive a notification when digital materials are available to download. To retrieve digital materials, log in and select Your Course Materials on the CLE website. All of the materials for this program will be available for download in advance of the program. A limited number of printed books will be available for purchase at the Live program. VIDEO REPLAYS To qualify for the Early Bird tuition, registration must be received one week prior to program date. NC State Bar rules require a minimum number of pre-registered active State Bar members. The NCBA Foundation reserves the right to cancel any video program prior to the program date if registrations do not meet the NC State Bar requirement. Some sites require additional registration or evaluation forms. Visit to confirm video replay registration and program start times. CLE credit hours at Video Replays are subject to change. Video replay program attendees may purchase the printed manuscript at cost. Due to printing and shipping lead times we are unable to accommodate requests for print materials made fewer than seven (7) days prior to any video replay program. INCLEMENT WEATHER We make every effort to notify registrants when a program is canceled or delayed due to weather. If inclement weather is forecast, please check your local news listings or contact event venue. NCBA programs will follow the work schedule of the hosting institutions, to include delayed openings. CLE SCHOLARSHIPS A limited number of scholarships are available to members in financial need. Contact Membership Services at or EVENT SPONSOR AND EXHIBITOR OPPORTUNITIES Interested in meeting the attendees of this program? Become an exhibitor or sponsor! Contact Jennifer Shapiro at for detailed information about these opportunities and their benefits. FOR MORE INFORMATION, VISIT WWW. NCBAR.ORG/CLE.

5 Program Information Planners Kimberly A. Richards, Womble Carlyle Sandridge & Rice LLP, Winston-Salem Jeremy Shrader, Carruthers & Roth PA, Greensboro Speakers Margaret Shea Burnham, Nexsen Pruet, Greensboro Troy Crawford, Lawyers Mutual Liability Insurance Co. of NC, Cary Marc Garren, Investor s Title Insurance Company, Chapel Hill Brian Kernaghan, Nexsen Pruet PLLC, Greenville, SC Jennifer L. Kerrigan, Blanco Tackabery & Matamoros PA, Winston-Salem Amy Lanning, Chicago Title Insurance Company, Winston-Salem Laura Loyek, Lawyers Mutual Liability Insurance Co. of NC, Cary Michael C. Thelen, Womble Carlyle Sandridge & Rice LLP, Raleigh Keith Wood, Carruthers & Roth PA, Greensboro Hotel Information Contact hotel(s) directly for reservations at the special NCBA room rate. Rates are based on availability and may sell out. Embassy Suites, 201 Harrison Oaks Boulevard, Cary Rate: $169 Single/Double. Rate includes a full cooked-to-order breakfast and the manager s evening reception. Reservations: Reference Corporate ID: NCB or NC Bar Rate TownePlace Suites by Marriott, 120 Sage Commons Way, Cary Rate: $106 studio queen with sleeper sofa (Sunday Thursday). Rate includes a complimentary hot breakfast. All rooms come with a fully equipped kitchen. Reservations: Ask for the NC Bar Association corporate rate. North Carolina Real Property Forms Manual Combined 2003/2011 Download A must-have for any Real Property practitioner, this newly formatted epdf download* contains over 350 sample contracts, affidavits, checklists, agreements and letters, and fillable real property forms.** Open, edit and save Microsoft Word documents to your hard drive. This invaluable resource contains forms such as: Easement & Rights of Way Engagement Letters Environmental Forms Notary Acknowledgments Escrow Agreements AVAILABLE FOR IMMEDIATE DOWNLOAD: Subdivision, Homeowner & Condo Documents Financing Documents Leases & Lease Provisions License Agreements And much more! *This product consists of forms from the 2003 Forms CD and 2011 Supplement CD, merged into a new downloadable epdf format. While the format is new, the forms contained within this download are the same as those previously sold on CD. **Note: NC Bar Forms are samples only and are not editable or fillable. For more information or to order, call the Bookstore at , or visit and click on Publications.

6 P.O. Box 3688 Cary, NC Nonprofit Org. US Postage PAID Raleigh, NC Permit #297 BECOME A CLE EVENT SPONSOR for one of our award-winning CLE programs. For more information, including event details and the various levels of sponsorship, contact Jennifer Shapiro, Sponsorship Development Coordinator, at or Real Property 2016 Hot Topics in Real Property LIVE LIVE WEBCAST Friday, February 19, 2016 NC Bar Center, Cary VIDEO REPLAYS For details and a current list of dates and locations, visit CLE CREDIT: 6.0 Hours Includes 1.0 Hour Ethics/Professional Responsibility; Qualifies for State Bar Real Property Law Specialization credit Outstanding program! One of the best I attended, from start to finish. Attendee, 2014 Hot Topics in Real Property