Courthouse John C Lindley III

Accelerating Estate Disputes: The Living Probate Option

          North Carolina joins four other states in providing a path to ensure decedents’ assets are distributed according to their wishes upon death.[1]  The North Carolina General Assembly recently enacted legislation amending statutes regarding estate administration by adding a procedure for “living probate.”  This action is usually commenced by a testator Read More

Non-Compete Agreement John C Lindley III

Six Things Every Lawyer Should Know When Drafting a Non-Compete Agreement in North Carolina

          When advising clients and drafting employment contracts with non-compete clauses, there are several things every lawyer should keep in mind.  The general rule is courts will enforce non-compete clauses to the extent they are reasonably necessary to protect legitimate business interests.[1]  In North Carolina, they must be (1) in writing Read More

Gravel Road John C. Lindley III

Prescriptive Easements and Claim of Right

          If your neighbor’s driveway runs over your property, is it a permissible to dig a large ditch over the drive if the ditch impedes your neighbor’s access to their own land? Easements for neighboring properties are often necessary to access one’s own land, particularly in rural parts of the country. Read More