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Bradley Coxe
Bradley A. Coxe is a practicing attorney in Wilmington, NC who specializes in Personal Injury, Medical Malpractice, Contract and Real Estate disputes and all forms of Civil Litigation.
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This is a fairly complicated issue that is beyond what I can help with in these comments. You should contact a real estate attorney in your area.
Commented Jul 21, 2015 on Who controls the roads? at The Conference Room--Answers to Questions on N.C. Law
Who controls the roads?
One of the most visible areas in a planned community is its roads and streets. Because of that, homeowners and their homeowner’s associations sometimes exceed their authority over those roads and get themselves in trouble. Usually, as I’ve written before, when a planned community is developed, ...
If it is a private road and the owners have given you permission, you should be able to install speedbumps as that presumably would not impair the other families access and use of the road. As the answers to these questions can change due to several details, you should consult with an attorney.
Commented Jul 13, 2015 on Who controls the roads? at The Conference Room--Answers to Questions on N.C. Law
Who controls the roads?
One of the most visible areas in a planned community is its roads and streets. Because of that, homeowners and their homeowner’s associations sometimes exceed their authority over those roads and get themselves in trouble. Usually, as I’ve written before, when a planned community is developed, ...
It depends on what your easement rights are. If the entire road is on a plat, or if you have an express interest in the deed, you are entitled to use it as long as you do not overburden the easement. You should consult with an attorney who can investigate your rights.
Commented Jul 13, 2015 on Who controls the roads? at The Conference Room--Answers to Questions on N.C. Law
Who controls the roads?
One of the most visible areas in a planned community is its roads and streets. Because of that, homeowners and their homeowner’s associations sometimes exceed their authority over those roads and get themselves in trouble. Usually, as I’ve written before, when a planned community is developed, ...
With only 3-7 trees, I doubt you would have enough damages to even justify small claims court based on the timber damages alone. Ask the logger to give you the value of the trees and make sure he cleans up any damage he caused.
Commented Jul 9, 2015 on Wrongful Cutting of Timber at The Conference Room--Answers to Questions on N.C. Law
Wrongful Cutting of Timber
North Carolina is the Tar Heel State and the nickname of the University of North Carolina is the Tar Heels. While there are several interesting origins of the name, one underlying common element is the importance of pine tar in the state. Tar and timber in the state were important industries, es...
I'm not aware of any master list of recognized religions. If you are ordained by a religious group, that should be sufficient under the statutes.
Commented Jun 30, 2015 on Who can perform a Wedding? at The Conference Room--Answers to Questions on N.C. Law
Who can perform a Wedding?
When you think about it, there are not that many big events in people’s lives. You can fall in love; move to a new city; graduate from school; have a child; and get married. Since marriage is one of those big life events, most people want their wedding to be memorable, and have special meaning i...
Changing homes
After several years and over 150 posts, this blog is changing homes. It will be hosted on my firm's new website at http://www.hcpplaw.com/blog. Thanks for reading and I hope you will follow me over to the new site. If you... Continue reading
Posted Jun 19, 2015 at The Conference Room--Answers to Questions on N.C. Law
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No.
Commented Jun 12, 2015 on Who can perform a Wedding? at The Conference Room--Answers to Questions on N.C. Law
Who can perform a Wedding?
When you think about it, there are not that many big events in people’s lives. You can fall in love; move to a new city; graduate from school; have a child; and get married. Since marriage is one of those big life events, most people want their wedding to be memorable, and have special meaning i...
That is a curative statute to retroactively allow marriages prior to that date to be validated. Its purpose is not to prevent ULC marriages after that date.
Commented Jun 12, 2015 on Who can perform a Wedding? at The Conference Room--Answers to Questions on N.C. Law
Who can perform a Wedding?
When you think about it, there are not that many big events in people’s lives. You can fall in love; move to a new city; graduate from school; have a child; and get married. Since marriage is one of those big life events, most people want their wedding to be memorable, and have special meaning i...
I'm not aware of any master list of recognized religions. If you are ordained by a religious group, that should be sufficient under the statutes.
Commented Jun 4, 2015 on Who can perform a Wedding? at The Conference Room--Answers to Questions on N.C. Law
Who can perform a Wedding?
When you think about it, there are not that many big events in people’s lives. You can fall in love; move to a new city; graduate from school; have a child; and get married. Since marriage is one of those big life events, most people want their wedding to be memorable, and have special meaning i...
Take Time to Heal after a Car Wreck.
This is a tragic story, but one that is not that uncommon. My heart goes out to this family who will be dealing with this horrific car wreck for the rest of their lives. Putting on my lawyer hat for... Continue reading
Posted May 29, 2015 at The Conference Room--Answers to Questions on N.C. Law
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Yes. You can be served by certified mail. If she is out of state, there may be other jurisdictional issues. She should consult an attorney if she has any questions.
Commented Apr 30, 2015 on What to do if you are served with a subpoena. at The Conference Room--Answers to Questions on N.C. Law
What to do if you are served with a subpoena.
In a lawsuit, the way information is produced or documents received from the other party is through the discovery process under the rules of Civil Procedure. The parties in a lawsuit have to answer to a judge if they fail to obey these procedures. However, in most cases, a third party, who is n...
Eviction
Landlords have a streamlined process in North Carolina to evict tenants who have breached their lease. This is called summary ejectment. After the tenant has breached the lease by failing to pay rent or otherwise, and after the tenant has... Continue reading
Posted Apr 16, 2015 at The Conference Room--Answers to Questions on N.C. Law
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Read What You Sign. Except Doctors.
One of the first bits of free advice you’ll get from an attorney, is to read and understand before you sign a document. Even where the clause is buried on page 8 of fine print; or where there was a... Continue reading
Posted Apr 7, 2015 at The Conference Room--Answers to Questions on N.C. Law
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Have a Healthy and Effective Board
Attached is a Board Effectiveness Checklist from governance.pro that helps an organization determine if it is being as effective as it can be. The checklist applies to all types of organizations, so all the factors may not apply to every... Continue reading
Posted Apr 1, 2015 at The Conference Room--Answers to Questions on N.C. Law
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You could start by calling the N.C. Department of Transportation, which owns and maintains many roads in Brunswick, New Hanover and Pender counties. The number for the DOT division office in Wilmington is 251-5724.
But if the DOT maintains your road, you simply won’t get speed humps or bumps. The department, as a policy, has never installed them because it believes they can cause accidents. It will, in some situations, install chokers or other “traffic calming” devices, however.
Commented Mar 27, 2015 on Who controls the roads? at The Conference Room--Answers to Questions on N.C. Law
Who controls the roads?
One of the most visible areas in a planned community is its roads and streets. Because of that, homeowners and their homeowner’s associations sometimes exceed their authority over those roads and get themselves in trouble. Usually, as I’ve written before, when a planned community is developed, ...
If the DOT owns the road, they can regulate it.
Commented Mar 27, 2015 on Who controls the roads? at The Conference Room--Answers to Questions on N.C. Law
Who controls the roads?
One of the most visible areas in a planned community is its roads and streets. Because of that, homeowners and their homeowner’s associations sometimes exceed their authority over those roads and get themselves in trouble. Usually, as I’ve written before, when a planned community is developed, ...
What a jury doesn't hear
An American judge talking to a lawyer. (Photo credit: Wikipedia) After every trial, I try to talk with the individual jurors who heard my case. It helps me as a trial lawyer determine what strategy and tactics worked and what... Continue reading
Posted Mar 20, 2015 at The Conference Room--Answers to Questions on N.C. Law
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Your issue is really beyond what information I can provide in this blog. I advise you to contact an attorney.
Commented Feb 18, 2015 on Who controls the roads? at The Conference Room--Answers to Questions on N.C. Law
Who controls the roads?
One of the most visible areas in a planned community is its roads and streets. Because of that, homeowners and their homeowner’s associations sometimes exceed their authority over those roads and get themselves in trouble. Usually, as I’ve written before, when a planned community is developed, ...
The Wilmington NC city ordinances state:
Sec. 5-41. - Riding on sidewalk, sidewalk area or walkway.
A person riding a bicycle on a sidewalk, sidewalk area or walkway shall yield the right-of-way to any pedestrian and shall give an audible signal before passing any pedestrian.
So it is impliedly allowed to ride on the sidewalk in Wilmington.
Getting the sidewalks maintained is a city government problem. You can contact Danny Costin at 910.341.7895 to request sidewalk repairs.
Commented Feb 16, 2015 on Bicycle Safety at The Conference Room--Answers to Questions on N.C. Law
Bicycle Safety
Sometimes, even the safest automobile driver will ignore rules that they wouldn’t think to disobey in a car. However, the law of North Carolina considers a bicycle a “motorized vehicle” and expects a bicycle rider to obey the same rules of the road as an automobile bicycle rider should always go...
Ask a Lawyer Day
Posted Feb 10, 2015 at The Conference Room--Answers to Questions on N.C. Law
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What If...
I love alternative history stories. Things like “What if the Soviet Union had won the Cold War ?” or “What if JFK had not been assassinated?” I find fascinating and oftentimes help me better understand actual history. I even like... Continue reading
Posted Feb 3, 2015 at The Conference Room--Answers to Questions on N.C. Law
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There are limitations on an HOA in selling or giving away common elements. The easement may be a common element owned by the HOA for its members and would need 80%-100% of its members to approve. The easement could be for each individual homeowner and therefore each homeowner would have to approve. Sometimes even if everybody thinks there is an easement, there really isn't one. You should consult with an attorney to see what your rights are in the easement.
http://nclawyer.typepad.com/north_carolina_civil_litg/2014/11/cant-give-it-away.html
Commented Jan 29, 2015 on Amending your HOA's Declarations at The Conference Room--Answers to Questions on N.C. Law
Amending your HOA's Declarations
In North Carolina, the Declarations (also called restrictive covenants) are the main governing document of a homeowner’s association. While the general statutes of the state remain the ultimate authority, they give a large amount of leeway to a planned community to craft its own governing docum...
Electronic Meetings
With the near universal use of email, texting, Twitter, and instant messaging, small corporations and homeowner associations frequently try to use these services for the business of the company. While this practice can be valuable and efficient to manage a... Continue reading
Posted Jan 27, 2015 at The Conference Room--Answers to Questions on N.C. Law
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Medical Records
Under North Carolina law, a person’s medical records are property of the healthcare provider who created them. However, a patient has rights to get copies and/or inspect the records of his medical care. The patient may need them to provide... Continue reading
Posted Jan 21, 2015 at The Conference Room--Answers to Questions on N.C. Law
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In order to have a gated community and limit access through a gate to residents and authorized visitors,the road has to be privately owned and maintained.
Commented Jan 12, 2015 on Who controls the roads? at The Conference Room--Answers to Questions on N.C. Law
Who controls the roads?
One of the most visible areas in a planned community is its roads and streets. Because of that, homeowners and their homeowner’s associations sometimes exceed their authority over those roads and get themselves in trouble. Usually, as I’ve written before, when a planned community is developed, ...
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