North Carolina Specialist in Real Property
At Lawyer Legion, we recognize the importance of board certification or specialty certification programs for real property law. This practice area of the law is also known as real estate law, residential real estate law or commercial real estate law.
Use our directory to find a residential real estate lawyer in North Carolina or narrow your search to find attorneys with specialty certification in this practice area.
Under 27 NCAC 01D Section .2101, the North Carolina State Bar Board of Legal Specialization established "real property law" as a specialty field.
Definitions of Real Property Law
Rule 27 NCAC 01D Section .2102 defines the specialty of real property law as the practice of law dealing with "real property transactions, including title examination, property transfers, financing, leases, and determination of property rights." Subspecialties in the field are identified and defined, in part, as follows:
- Real Property Law - Residential Transactions is a subspecialty which is defined as the "practice of law dealing with the acquisition, ownership, leasing, financing, use, transfer and disposition, of residential real property by individuals."
- Real Property Law - Business, Commercial, and Industrial Transactions is a subspecialty which is defined as the "practice of law dealing with the acquisition, ownership, leasing, management, financing, development, use, transfer, and disposition of residential, business, commercial, and industrial real property."
Qualifications for Certification in Real Property Law
Under 27 NCAC 01D .2103, the North Carolina State Bar Board of Legal Specialization provides that a lawyer may qualify as a specialist by meeting the standards set for one or both of the subspecialties.
- The lawyer can use the term "Board Certified Specialist in Real Property Law - Residential Transactions" if a lawyer qualifies as a specialist in real property law by meeting the standards set for the real property law - residential transactions subspecialty.
- The lawyer can use the term "Board Certified Specialist in Real Property Law - Business, Commercial, and Industrial Transactions" if the lawyer qualifies as a specialist in real property law by meeting the standards set for the real property law - business, commercial, and industrial transactions.
- The lawyer can use the term "Board Certified Specialist in Real Property Law - Residential, Business, Commercial and Industrial Transactions" if the lawyer qualifies as a specialist in real property law by meeting the standards set for both the real property law - residential transactions subspecialty and the real property law - business, commercial, and industrial transactions subspecialty.
Standards for Certification in Real Property Law
Under 27 NCAC 01D .2105, the Standards for Certification as a Specialist in Real Property Law in North Carolina provide that each applicant for certification must meet certain standards including:
- Showing substantial involvement in the practice of real estate law. The practice of real estate law means substantive legal work done primarily for the purpose of legal advice or representation. Alternatively, the applicant might show substantial involvement through a practice equivalent which could include service as a law professor concentrating in the teaching of real property law for part of the experience requirement.
- Completion of certain continuing legal education (CLE) credits in real property law (either commercial or residential) and other related areas of the law such as business organizations, elder law, environmental law, taxation, estate planning, and probate law.
- A showing of qualifications through peer review by other lawyers or judges who are familiar with the attorney's practice.
- Passing a written examination designed to test the attorney's knowledge and ability in real property law for the following areas:
- title examinations, property transfers, financing, leases, and determination of property rights;
- the acquisition, ownership, leasing, financing, use, transfer, and disposition of residential real property by individuals;
- the acquisition, ownership, leasing, management, financing, development, use, transfer, and disposition of residential, business, commercial, and industrial real property.
Under 27 NCAC 01D .2106, the standards for continued certification as a specialist in real estate law provide that the period of certification is five years. During those five years, the attorney must apply for continued certification. Part of the recertification process for a real estate law attorney in North Carolina includes showing:
- continuing substantial involvement in real property law;
- continuing legal education (CLE) focused on real property law and related fields such as environmental law, taxation, business organizations, estate planning and probate law, and elder law; and
- peer review.
Finding a Real Property Lawyer in North Carolina
Lawyer Legion is not endorsed by or approved by any state bar or board certification program. We created our lawyer directory to help the public find a qualified attorney.
Use our directory when you begin your search for a residential or commercial real estate lawyer in North Carolina. Learn more about real estate law and the attorneys who focus on this practice area.
This article was last updated on November 22, 2019.
