Coming up on this edition of Judica County Radio, Josh Whitaker and Joe Hamer, managing partners at Whitaker and Hamer Law Firm, your host for the show, are going to get into listener questions. That's all coming up next, right here on Judica County Radio. I'm Morgan Patrick, and today we're going to get into some listener questions.
Looking forward to it. But the guys have been busy with AI, and we've got some new music for you. Josh and Joe lay down lost in a ball boy with a tail tail. Their voices echo where just as well. Outlaw through, light and gray.
There's Judica night and Judica day. industrial houses were stories of Josh and Joe by just to say they shot a lie. All right, there you go. We got to work on the segues out because it's pretty abrupt. I'm maybe AI is going to work on that. But I like it, guys. I like the new sound.
Yeah, I like it too. The words are kind of hard to hear. But the words that AI gave that song were pretty, were pretty top notch. But yeah, we'll work on it. It's AI is not so concerned about intros and outros and, and, and ending it clean. It just, it just kind of stops. But you get what you pay for, which was zero, right?
Pretty good value. Yeah, the but you guys, you guys getting ready for Christmas, everybody getting their stuff done for Christmas. Joe, I was gonna let you answer first, Morgan, because I mean, I Yeah, I mean, I'm an old hat at it. You got my kids are a little bit older. You guys, this is where the story is. You've got the younger kids.
And this is a huge holiday. Yeah, I think it's I was gonna give my kids the gift of humility this year. So just nothing, man. Just let them understand.
Just give them nothing. Give them all I'm gonna give each of them a firm handshake. The morning job. Job well done. Good job.
Yeah, you guys. I've done I'm way behind, man. I'm usually ahead of the game.
I don't know what it is. I've just so I'm going to be doing the mad dash scramble is what I'm going to be doing. But I'll get it done, man.
It went in crunch time. That's when I perform the best. So yeah, yeah. Yeah, my main problem is when I when I go out and I physically go out and shop and I walk in and you see the line at the register.
It's just a cold shower. I don't want to do that. You would think I'd learn over the years just to go early, get it done. But I don't. A lot of it's online now. I don't know about you guys. But yeah, online is key.
Yeah, yeah, I'm doing a lot for sure. But it's too late now. It's too late. Like, even Amazon, man, there's a lot of stuff you can't get before Christmas at this time. So I'm in a bind, man.
I'm gonna have to go do the physical in in person deal. So I don't ever get anything besides like groceries, like and I'm talking about groceries that would get like meat and vegetables, things that you can't really like I get everything online. I do all my shopping online, right? You can get meat and vegetables online, man.
What are you talking about? You can, but I'll usually I don't know what I want. I usually just go to the you like to see your meat before you purchase it. That's right.
And vegetables. I had to charge, right? I had I was coming back. I was driving the EV and I was coming back from down east and I had to stop in Smithfield to do a fast charge.
I wasn't going to make it right. And they got a little station down there at the outlet stores down in Smithfield. So I went to charge there real cold and windy, nowhere to stand. Right. So I had to just go walk. It was packed.
This was last week. It was packed. Yeah. And they had a toy. They had some kind of toy store there.
And I was like, oh, maybe I'll find something, you know, and I walked through there. No, man, it's not when you can get anything like it used to be. No, man, you can go online and get anything like anything you want. You have vintage toys. They don't make any more like, you know, any of the new stuff you want.
And so when you go into like a physical toy store now, very disappointing. Lots of games, like lots of board games and stuff, you know, like the board games, man. Now, I'm not a big board. You don't play games.
It's very business. Who's playing all these board? Your kids want to play a game?
You're like, no, son, son. It's kind of that retro feel. Last few years at family outings, they brought out board games. And, you know, it's almost comical. The kids don't understand it, but they do learn it.
And you kind of have to force them to play. You guys got to get new families. Now I got to I got to I got to go ahead and just say this is Judica County radio. We are going to get in some legal listener questions here, but we're having kind of a holiday discussion. So I'm going to throw this question to both of you, since you have significant others. Have you ever heard, honey, I don't want anything this year.
I've got everything I want. Let's focus on the kids or maybe we put the money away and we take a trip. Have you ever not gotten your significant other a holiday gift after they said they didn't want anything?
And then how did it go? If that's the case, what a question, man. I'm not answering that question. I think we've I think we've done that. We've done that for a couple of years, just kind of put the focus on the on the kids and not really worried about it too much. It goes all right in our household. It's probably not great, but it it's nice not to have to think about that when you're putting a lot of effort into the kids.
I think when the kids get older, we'll probably go back to it. But maybe, maybe, maybe not. Maybe, maybe you do free. Maybe you do even less. Maybe you do less than me. Yeah.
Well, I'm going to go ahead and give you a wrong answer because you always get them something, even if it's small, a firm handshake. I know. I know.
I know the ladies out there are going to agree with me. Yeah. You may want to steer away from the big items, but a little something. Read them.
Read them a Christmas story. You know what? I want to go back real quick. I know we're probably going to come up against a break here in a minute. What board games are you guys playing?
Me personally? Yeah. Yeah. What board games? Monopoly? Yeah, but when you just play the, like my kids wanted to play Risk and we have the board game and Risk is a very fun game. But why wouldn't you just play the video game version of it where it rolls all the dice for you? And that's not the same, man. I'm not playing any I'm not playing any board games these days, man. That's not that's not a thing I'm doing.
No offense to anybody who is. I know there's a lot of folks who are big board aficionados. But I just I don't I don't see how these weren't like like the role playing board games. I know there's some folks there's some folks who really get into like the like the D the D and D style board games. This was just like eighty two versions of Monopoly. And then like I guess since apples to apples came out, there's all these different versions of like it's the same game, but it's just like a card. Sure. Yeah.
But I mean, there are a lot of Hungry Hippo is a retro game that's come back. A lot of people like that. I like what is it? Rock'em Sock'em Robots. You can get your frustrations out and, you know, you basically pound on the toy as opposed to your relatives. I mean, those are good things.
I guess, man. I don't have any board games lined up for the kids this year. We didn't we didn't include board games. That's going to be a miserable and depressing Christmas for you. They told me how much they were like, I just want daddy. I just want I just want daddy to buy us one board game this year.
No dice. They tell me that every time I see a man. Let me let me jump in before we before we get into our legal questions. We do have the consults. Josh, kind of explain the complimentary consults.
We'll take a break. We'll come back with our first listener question, obviously legal. But again, consults available to our listeners. Yeah, what we've been doing on the show here lately is is is just if you if you call in and Morgan will give you the number and the email. But if you if you contact us, you know, during the show, well, we're going to meet with you for free. We're going to do a do a free consult. Usually most of those end up being estate planning because we spend a lot of time talking about estate planning. But anything that anything that we practice, you know, if you call in, we'll reserve you a free consult. One of our paralegals will reach out to you, get you on one of our attorneys schedules to talk to you for for 15 minutes just to figure out what's going on. Maybe it's something we can help you with.
Maybe it's something that we can't. But maybe we can get you in a good direction. And so we've we've kind of done that as a courtesy to the folks who who listen to the program.
And we're going to continue to do that. So complimentary consult available. All you've got to do is call this number. Eight hundred six five nine one one eight six.
That's eight hundred six five nine one one eight six. Again, Judica County radio hosted by Josh Whitaker and Joe Hamer. Managing partners Whitaker and Hamer law firm practicing attorneys here in North Carolina and offices placed for your convenience in Raleigh, Garner, Cleveland, Clayton, Goldsboro, Fuquay, Varina, Gastonia and in Morehead City. We're back with more and we'll start our legal questions from the listeners. That's all coming up next. We are back on Judica County radio hosted by Josh Whitaker and Joe Hamer, managing partners, Whitaker and Hamer law firm, practicing attorneys here in North Carolina.
Offices located for you in Raleigh, Garner, Cleveland, Clayton, Goldsboro, Fuquay, Varina, Gastonia and in Morehead City. I'm Morgan Patrick. And each and every week it's about legalese. It's about asking questions, getting answers to your legal questions. And there's going to be an opportunity for you to get on the calendar with Whitaker and Hamer. They're complimentary consults.
And there are two ways you can do this. You can call the number 800-659-1186. That's 800-659-1186. Grab one of those complimentary consults. You can also email questions at Judica County radio dot com. Again, questions at Judica County radio dot com.
Just say I'd like one of those consults and they will set one up for you. All right, guys, we're back and we're into our questions. What's up first?
All right. So we got we got three listener questions today. I try to pick these out from consults. I have people I talk to during the week because I always figure if someone has this question. If I know one person who has this question, maybe a lot of people have this question.
Maybe it'll be interesting to them. But our our first one today is kind of an easement question. And before we get into that, Joseph, what are what are easements? Tell the people what easements are.
Yeah. So, you know, there's there's there's different rights in land. And so, you know, you have fee simple ownership, which is essentially you own the entirety of the property.
It's yours. An easement is a type of legal right. But generally it's going to be a type of right where you have the ability to enter onto a property for some purpose, whether that be access to utilities, sewer, septic, or whether it's just for access in general. So there's your very fantastic, if I do say so myself, definition of what an easement is. Yeah.
And so it's it's that's exactly what it is. Right. So you you buy a property, you own it, but you're going to own it subject to any easements of record.
Right. So most people you probably have an easement. You probably have a utility easement on your property.
So the power company could put in power and maintain it. You might have some city sewer easement so that you can get water and sewer. So those are utility easements.
Most everybody has those. And then our question is about an access easement. And so this is going to be a situation where usually these are these are not in like subdivisions.
These are kind of out in the country. But like you got a couple of people who need to access the main road and their parcels would be landlocked. If they didn't have an easement. And so a lot of times the parcel closest to the road maybe gives an easement so the people behind them can access the public road. So access easements are usually all about getting landlocked people to a public road. And so that's the situation our first question comes out of.
And so, again, I paraphrase these and take all the names out of it, kind of bleach it, make it good for radio. But my neighbors have an easement to cross my land to get to a public street. They recently got access to another public road. So in this in this situation, they've been using the easement. They have a legal easement to cross our client's property to get to a public road. There's been some development on the other side of of the neighbor's parcel. And so now they have direct access to a new public road.
Right. So they were landlocked except for this easement. And now they have access to it to a new public road. And our neighbors question because our clients question, he doesn't really like his neighbors. He wants to block that easement so they cannot cross it now that they have access to a public road. Does that make sense, Morgan?
You're the non attorney here on the broadcast. Is that fact pattern? Yeah. I mean, that makes sense. I mean, they have access.
And yeah, I would I would want to if I own that piece or, you know, if it was coming through my property, I would I would look into that and at least ask those questions. Obviously, if he doesn't have that that alternate access, you know, you're kind of over a barrel. But I think that's a fair question.
What do you say that, Joseph? Well, first off, man, I think Morgan's he's very close to becoming an attorney just through the show, man. We can't understand the best from learning from the minds of all of our listeners are basically attorneys at this point, man.
I think we've we've equipped them with the tools that they need. But I'm not an attorney, but I play one on the. You know, I play around with attorneys on the radio. So if you have an easement and again, the easements can be very broad. They can be very specific.
They can be well defined. The majority of access easements are going to give you the right to access this property in what we call perpetuity. So forever.
Right. And there'll be a pertinent to and run with the land, meaning if the properties, if you did the property to somebody else, that easement is going to survive and it's going to and it's going to exist. And so in the absence of some termination of that easement, that easements there, man. You know, the fact that you've got alternate access while maybe annoying, especially if you hate this neighbor is not going to in and of itself defeat the valid easement that they have.
Well, Joe, you just said term unless it's terminated. I mean, what what's the process of terminating the easement? I would think that would be the same way you put it in place. So you an easement is is on public record. Any any kind of anything that's going to impact a right to land ownership is it's got to be on public record, because you have to give the public notice of it for it to be valid. So you put an easement on record, whether that be through recording a plat map that shows it, or whether it be through just drawing a deed up that explains and describes the easement. And you're going to take it away the same way. You're going to record a termination of that easement.
So, again, it's all it's all about the public record. Yeah, I think the important thing here for our client, the person who came and asked us this question, is you they cannot in this situation, you are not going to be able to unilaterally terminate that easement. If you block it, you would be liable for for potentially for damages. And you're probably going to get sued when we talk about terminating the easement. You and the owner of the land behind you would have to come to a written agreement that it's being terminated. And you would an attorney would usually draw that up for you. You'd have to have it notarized.
The original would get recorded at the register of deeds in the county where the properties are located. And that's how you how you terminate an easement. So that proper the neighbor here just has two access points and maybe he stops using the the easement altogether because it doesn't make sense for them. But the easement doesn't go away. Yeah, you still you still could have an issue if you went and just plowed it, you know. Yeah. And easements can be abandoned.
There's there's other you know, there's other solutions here. But if the neighbor has access and a lot of people this never happens between two neighbors who get along and have a nice loving relationship. Right. This always happens between two neighbors who for right or wrong, you know, don't get along and aren't going to aren't going to talk about it. Right. That's how that's how these things usually get to us, because if you have a good relationship with your neighbor, you usually just go talk to them.
Like, hey, man, this really helped me out of what a concept. And yeah, but and that's, you know, who's you can't really blame people for not for not getting along. But I tell you what, man, when you get along with your neighbors, your life's a lot easier. We get a lot of we get a lot of calls from folks whose neighbors aren't very respectful of maybe causing a lot, you know, making a lot of noise, violating covenants. You know, like there's a lot of tree issues. You find out how much you like your neighbor if you got a tree that's about to fall down on your property that's on that's that's growing on their property. Right. Those are all all kinds of ways where this kind of thing comes up. But yeah, easement and easement, a deeded easement is a right and land. And it it it more than likely is not you're not able to unilaterally terminate that. And that man, we get so many calls where people didn't understand maybe when they bought the property, there was an easement. Right. Maybe didn't understand what that meant or maybe didn't know at all that there was an easement or it hadn't been used in a long time.
So let me ask this question, guys. So if you're if you're out there and you're thinking about investing in real estate, what steps do you need to take to to maybe make sure you're aware of everything that's coming with this piece of property? The easements obviously would be a big one.
Well, that's it. It's a tricky situation because the way in practice, the way that purchasing real estate generally works is you're going to you're going to do some due diligence, but your due diligence is generally going to be limited to inspections, appraisals, things like that, that speak to the value of the property. And it's not until you have a title search done by an attorney, which is going to be you generally after the point that you're under contract, that any kind of title related issues like the lack of an easement, the existence of an easement, those types of things are going to be revealed. So if you wanted to get out in front of those things, it I mean, that it's really talking to an attorney man, which again, is not really typical the way that it would normally flow. But if you're if you're investing in some fashion in a commercial way or you're doing it, you're trying to start a business doing that, having a good relationship with an attorney is makes a lot of sense. And we do that for folks that that come in that do ask.
But yeah, man, that's that's really it. Yeah, I think usually in most cases, a seller is probably going to end up. Disclosing most, you know, like I don't I don't think most sellers will be able to hide the ball if it's like an access easement or when you go to the property and you look at the property, you're probably going to be able to see right if someone's actively using an access easement, you'll be like a driveway.
It'll be worn down. So like you'll have probably some hints. But like Joe said, you know, an attorney is going to do a title search and we should find an easement. But or the lack of an easement. That's another you know, we haven't talked about it, but that's it.
Yeah. The lack of an easement for a landlocked parcel is like the death knell and can just be an absolute nightmare scenario for you. And then getting a survey, which we always recommend any time you're going to buy a real property is to get a survey if you don't have it. It hasn't recently been surveyed and a survey is going to tell you kind of where everything is.
It's kind of our eyeballs like me and Joe. We can do a title search and find different things and who owned it, what liens were on it. And this deed mentions an easement, but it's tough to tell where it is. The survey be like the survey kind of completes the picture.
You know, I would think with all the growth, I mean, obviously we've seen it over the last 20 years in this market. You're going to have parcels all over the place that don't have easements. And you're going to have to create something as these pieces of land are getting sold off for development or, you know, just to build a private home or just to have that land.
But again, easement question is a big one. There's going to be an opportunity during the course of this show that you can get in touch with Whitaker and Hamer Law Firm. There are complimentary consults available and you're leaving the checkbook at home. Call this number 800-659-1186. That's 800-659-1186. You can also hit us up on email questions at judicacountyradio.com and just say, hey, I'd love one of those consults. And they will fill out that form for you and get you set up with an appointment. 800-659-1186. That's 800-659-1186. Or email questions at judicacountyradio.com and say grab one of those consults for me.
All right. Another edition of Judica County Radio will continue on the other side. Josh Whitaker and Joe Hamer, managing partners. Whitaker and Hamer Law Firm are your hosts. They're practicing attorneys here in North Carolina.
Offices located Raleigh, Garner, Cleveland, Clayton, Goldsboro, Tukwe, Verina, Gastonia, and in Moorhead City. We'll take a short break. We're back on the other side. We are back on Judica County Radio. Your hosts, Josh Whitaker and Joe Hamer. They're managing partners. Whitaker and Hamer Law Firm. They're practicing attorneys here in North Carolina.
They've got offices conveniently located for you in Raleigh, Garner, Cleveland, Clayton, Goldsboro, Tukwe, Verina, Gastonia, and in Moorhead City. I'm Morgan Patrick. My privilege to hang out with the fellows, the attorneys, each and every week on Judica County. And we get into a lot of different subjects. And today it is listener questions. We've talked about, again, a land situation, an easement situation, access situation.
We've handled that one. Now here's the next question. And that is what kind of estate plan does my college kid need?
Josh, what prompted this? I mean, obviously you've got kids that are a little bit younger, but there are a lot of people out there that have kids heading into college. And actually the college kid might be thinking about this, too. You know, I spend a lot of time talking to folks. And so this is a planning issue, right? So we're talking about estate planning, but this is a planning issue. And I'm very good at certain types of planning, like me and Joseph. We spend a lot of time business planning, planning out the law firm, the other things that we're involved in, planning out the radio show.
So I'm really good at that. Definitely planning. We plan this hard, man. So much planning.
Yeah, hundreds of thousands of hours a week going to planning this show. All right, so I'm good. Oh, yeah, I could literally walk through the dark just on the sound of your voice, guys, and I would feel very comfortable, even on the cliff ledge. But one thing I'm not, like I'm real bad at, and this is today, this afternoon is what I'm doing, like I don't make my doctor's appointments like I'm supposed to. Like I can't remember the last time I went to my doctorate.
You don't need it, dude. Look at you. Look at you. The form, like it's like God sent down the perfect specimen from heaven, and it's just you, man. I started wearing my glasses. With the beard, he's more Moses. He's more Moses.
He is Moses, basically. I started wearing my glasses a couple of years ago because I got tired of going to the doctor to get new contacts, right? Because I haven't, so I haven't, and then like I need to get, I need to get to the dentist, right, real bad. Oh, your teeth are great, man.
What are you talking about? I'm real bad at making those appointments. So today, that's what I'm going to start doing. Christmas break, I'm going to call, I'm going to, I don't know. Is that a pre-New Year's resolution you just made, man?
I was going to say, it sounds like a resolution. I'm going to get my physical. You're going to do the dentist? Do the, yeah, I'm going to do it.
What was that commercial? That was like, hey, do it today. You know what I'm talking about? That's you right now. The, uh, but I am. I'm going to do it.
I don't think I've had a physical in a couple of years. I have this theory where they can't tell you you're dying of cancer if you don't go to the doctor. Oh, yeah. It's a working theory, but that's bad because we get on the radio. Head in the sand theory.
That's a good theory, man. We, we get on the radio, we, we talk to people about getting your state plan set up, not waiting, don't let it sneak up on you. And here I am. You got to lead by example, dude. That's them, not you, man. That's not you.
That's them. But this is a planning issue and this is, this is, you know, different people have the capacity to plan for different things. And, and anyway, yeah, we got a lot of college kids back home right now this time of year. And I had someone ask me, you know, what should their estate plan look like? Because you don't think about, a lot of people wouldn't think about estate planning right for their college kid and they're young and, and healthy, but you know, bad, bad things do happen. But even not thinking about the bad things is like, what should a normal younger person, college age person, you know, they usually don't have a lot of assets.
They could, but most, I think most college age kids, when I was college age, I didn't have squat unless you wanted my used four-door Grand Am, you know. 72 empty Natty Light cans. That's a possession, right?
My liquor bottle collection that I put neon in, you know. But I think, I think Joe, very, very basic level, we, we, they should at least have POAs and a lot of it's because they're, they're, they're living the Josh Whitaker lifestyle where they're not making their appointments. Right? Right. So POA, healthcare POA, that, I would think that would come in handy, Joseph. Josh, it's almost like you're a seasoned attorney with many years of, uh, attorney under your belt.
Cause by God, what an answer that was, man. That is correct. At minimum POAs. Yeah. That's, that's really the main thing, man.
When you're older and you're away from home, you are no longer a minor and those POAs can come in handy, in great handy for you. Yeah. I mean, it can be simple things too. You know, um, we were, we had a problem with our, with our, our, our cable. And I guess I started the account like 10 years ago when we started our cable account and my wife was trying to call in on it and they wouldn't talk to her cause she wasn't on the account. And I take that to the extreme, you know, like if you're, God forbid your, your college age child is in a, is in a car accident and you need to talk to somebody, they're going to ask for, okay, well, where's your healthcare POA? You know, sometimes it's not just enough to be the parent. And so having a power of attorney so that you can handle, like Joseph said, bank account issues. Maybe you're helping them, you know, start an investment account or whatever you're doing, especially if they're far away and you're handling their affairs back home and a healthcare POA would allow you to talk to their doctors and things like that. And then I think in addition to that, if you're, if you're going through the motions, just adding a simple will, right.
Cause it, God forbid the worst case scenario, something happens to your college aged kid. You know, having a will where they say that you're going to be the executor of their state, where they say you're not required to post a bond. Things like that, that kind of make it complicated because we've, we've had to help parents who, who have lost their, their college aged adult children. And, you know, they have to open up an estate to deal with, even if you're just dealing with debt. Like there's things that you have to do and, and having a will in place, or, you know, having a living will in addition to the healthcare POA.
So, um, just a very simple estate plan can, can save you a lot of time and energy if something, you know, just terrible were to happen. Judica County radio, Josh Whitaker and Joe Hamer managing partners, Whitaker and Hamer law firm, practicing attorneys here in North Carolina. I'm Morgan Patrick. There are consults available.
These are complimentary. All you've got to do is call 800-659-1186. That's 800-659-1186. You can also emails questions at judicacountyradio.com and just ask for one of those consults and they will set that up for you. Questions at judicacountyradio.com. Again, the number 800-659-1186. We're in the middle of a listener question program, holiday edition.
Have a little fun with that, but we'll be back with more questions coming up on the other side. You're listening to Judica County radio. We are back on Judica County radio, your host, Josh Whitaker and Joe Hamer managing partners, Whitaker and Hamer law firm. They're practicing attorneys here in North Carolina, and they put offices almost everywhere for your convenience.
Raleigh, Garner, Cleveland, Clayton, Goldsboro, Hukwe Verina, Gastonia and Morehead City. I'm Morgan Patrick and each and every week we talk legalese and this week we're focusing in on listener questions. We do offer up consults and these are complimentary.
You're leaving the checkbook at home. All you've got to do is call 800-659-1186. That's 800-659-1186. You can also email us questions at judicacountyradio.com. If you have a question you'd like answered on the program, certainly put it in there.
You can also ask for one of the consults that are complimentary. That's questions at judicacountyradio.com. In Judica County, where truth prevails, Josh and Joe lay down lost days. Outlaw lawyers with a tale to tell, their voices echo where justice wells. Outlaw's the truth, lying awake through Judica night, and you hear the days.
In Dusty court houses where stories unfold, Josh and Joe fight against the lies sold with twain in the voice. Justice in sight, they shine a light through the darkest night. Outlaw's the truth, lying awake, learning how to order each word they say. Outlaw's the truth, lying awake through Judica night, and you hear the days. Outlaw's the truth, lying awake through Judica night, and you hear the days. Outlaw's the truth, lying awake through Judica night, and you hear the days. Outlaw's the truth, lying awake through Judica night, and you hear the days. Outlaw's the truth, lying awake through Judica night, and you hear the days. Outlaw's the truth, lying awake through Judica night, and you hear the days. Outlaw's the truth, lying awake through Judica night, and you hear the days.
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Whisper: medium.en / 2024-12-21 16:22:45 / 2024-12-21 16:40:53 / 18