JULY 2026

THE BEACON

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The Beacon Article

Should It Stay or Should It Go?

Statutes of Limitation on Setback Violations

Hello, once again, readers. I’m back this month to address a topic I get questions about on a weekly basis, and I’m sure all of you have seen before: violations of setback lines. This is not to address the underlying validity of any restrictions creating those setback lines (Note: for an in-depth discussion of the validity of old restrictive covenants and the NC Marketable Title Act, see our September 2025 article) – in this edition I’ll be discussing statutes of limitation on enforcing those violations, regardless of whether the underlying restrictions are valid.

I. Zoning

There are two types of setbacks to discuss today. The first I’ll address are setbacks created by the applicable zoning designation for the property in question. These are addressed in the Zoning Ordinance distributed by the planning and zoning department of the city or, in some cases, county where the property is located and violations of these setback requirements are enforceable by the zoning authority. This includes the right to require alteration of the structure in violation to bring it into compliance.

As with most legal remedies, there is a statute of limitations applicable to this right of the zoning authority to bring an enforcement action. In the case of zoning violations, there are actually two – one for a five-year SOL and another for a seven-year SOL depending on the circumstances of the violation. N.C.G.S. § 1-51(5) limits actions to enforce zoning violations to five years:

“…[a]gainst the owner of an interest in real property by a unit of local government for a violation of a land-use statute, ordinance, or permit or any other official action concerning land use carrying the effect of law. This subdivision does not limit the remedy of injunction for conditions that are actually injurious or dangerous to the public health or safety. The claim for relief accrues upon the occurrence of the earlier of the following:

a. The facts constituting the violation are known to the governing body, an agent or employee of the unit of local government.

b. The violation can be determined from the public record of the unit of local government.

There are a few things to unpack here. The five-year statute of limitations for enforcing a zoning violation is limited by a couple of key factors: first the violation cannot be for a condition that is actually dangerous to public health/a safety hazard....

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Meet the HCT Dog Family:

It's the Dog Days of Summer!

Angelique Feliciano: Meet Diesel and his favorite chicken. Diesel is a 5-year-old American Bulldog that has the heart and soul of a puppy. He is the best boy in the world, and I call him Sir lick-a-lot! He loves squirrels, rabbits, kids, snuggles, going for rides, and he will do tricks for treats!

Jennifer Conrad: Say hello to Coco! She is a 4-year-old Blue Weimaraner and is a wild and crazy dog. She loves to run, especially on the beach, has never met a squirrel she wouldn’t chase, and loves to eat anything she can get. Coco is mischievous but loves to snuggle as close as she can. We love her to pieces, and it's so much fun to come home to her excitement.

Jen Layton: This is Hanley! He’s 12 years old now, and a rescue. My best guess is he’s a mix of a Shiba Inu and a Golden Retriever, but he's often called a fox. (It makes sense; not only does he look like a fox, but he also likes to hide pieces of his dog food throughout the house.)

Stacey Rogers: Meet Panini and Scooter. Panini is a 6-year-old pug/chihuahua mix, and she is the sweetest little thing. Her favorite hobby is EATING! Scooter is a 12-year-old terrier mix. He's described as the biggest little dog! He loves toys and will play for hours. Both dogs are rescues. I kept their names as is, and both fit them perfectly!

Christine Lockwood: Meet Charlotte. She is a 10-year-old CavaPoo. She acts more like a cat than a dog. She loves people, but not other dogs so much. She loves to perch on the back of our couch and always wants to be on the other side of a door!

Brad Surles: Meet Bitsy and Boo. They are 1-year-old Springer Spaniels and half sisters! Boo's favorite game is fetch and Bitsy's favorite game is stealing the toy from Boo when she brings it back. Since they're both still puppies, they are very mischievous and get into everything, but they absolutely love playing with our three kids!

Meet the Team:

Hugh Conrad Surles

Meet Hugh Conrad Surles, born on February 25th, 2026! He was 8 lbs., 6 oz. and 19.5" of pure joy! Congrats to the entire Surles family.

Let's Get to Know Hugh

What is your favorite musician/band, book or movie? "Goodnight Moon really speaks to me and I've found it foundational for my life. I've also really loved Zootopia 2 when my older sisters watch it!"

What is your Team Member "style" or "superpower”? "I'm the chillest person in the household. I'm generally content just to sit in my bouncy seat or play on my mat. My superpower is definitely giving the best cuddles and making people melt with my toothless smile!"

What is a day in Hugh's life like? "I like to start my day promptly at 4:30 am. I wake my parents up by crying at the top of my lungs, and then once they feed me and change my diaper, I can go back to bed for a couple more hours. After that, I go to daycare where I play with my friends and teachers and get in a good nap (or two!). Once I get picked up, I like to take another nap in the car because it's been such an exhausting day. Once we get home, I eat, take a bath and head off to bed ready for another day!"

What is your favorite office snack or drink? "Warm milk, for sure 🙂."

A Quote or mantra you live by? "Don't worry, be happy" - Bobby McFerrin

What's on your desk? "I have to have my favorite pacifier with me everywhere I go. I also like to keep a spare bottle of warm milk around - you never know when those cravings are going to hit!"

The Beacon Recipe

Brad's Scallop & Shrimp Lemon Linguini

"I made this recipe for Mother's Day, and it was a hit! My wife's favorite food is scallops, so I threw together this pasta from a combination of several recipes. It's light, summery and delicious. I highly recommend serving it with some fresh garlic bread and a bottle of white wine."

Ingredients:

¾ pound linguini noodles
½ pound scallops
½ pound shrimp
Olive oil
Salt
Pepper
3 tablespoons butter
5 garlic gloves (finely chopped)
1 large shallot (finely chopped)
1 tsp crushed red pepper flakes
4 sprigs fresh thyme
1 cup seafood stock (chicken stock works great too)
1 cup white wine (Sauv Blanc works great)
1 cup fresh basil leaves
½ cup chopped chives
1 lemon (zested and juiced)

Instructions:

Cook the pasta to the package directions. Be sure to reserve about 1 cup of the pasta water for later - it helps with the sauce! I usually take a cup out right before the pasta is done cooking. Drain the pasta when done and set aside.
Place the scallops on a paper towel and pat dry with another paper towel. Season heavily with salt and pepper.
Preheat a large skillet (either cast iron or steel) over medium-medium high heat. Add the olive oil once heated and let the oil heat until it is shimmering and you can just start to smell it.
Sear the scallops for 2-3 minutes each side. DON'T TOUCH THEM OR MOVE THEM. Just throw them in and let them sear until you flip. The last minute, add 2 tbsp of butter to the pan and spoon the butter over the scallops while they finish cooking. Remove the scallops from the pan and set aside. Cover loosely with foil.
Place the shrimp in the pan and cook for 3 minutes per side until slightly pink. Remove from the pan and set aside.
Add a bit more oil to the pan. Add the shallots, crushed red pepper, thyme and a generous dose of salt and pepper. Sauté for approximately 2 minutes, stirring constantly. Add the garlic and cook for another 1-2 minutes, just until garlic becomes fragrant.
Add the wine to the pan and scrape with a wooden spoon to get any of the drippings and crunchy bits off the bottom of the pan. Allow it to reduce for about a minute, then add the seafood stock. Continue to cook for another minute, then add the basil, chives, lemon zest, lemon juice, and 1 tablespoon of butter. Stir until the butter has melted and a sauce begins to form.
Add the cooked pasta. Stir until the pasta is well coated with the sauce. Add in small amounts of the pasta water as you stir to help the sauce emulsify and stick to the pasta. Once the pasta is well coated and the sauce is no longer separating, add the shrimp and scallops back in to warm.
Serve topped with additional fresh basil leaves and fresh parsley.

Area News & Updates

NCLTA 2026

Join the North Carolina Land Title Association at their NCLTA 2026 Annual Convention and earn 6.75 hours of CLE credit. The event is being held on September 17-19, 2026 at The Cavalier Resort in Virginia Beach, VA.

Click HERE for the agenda,

and click HERE to register!

Happy 250th USA!

Happy 250th Birthday to the United States of America! This month we celebrate our nation, our history, and the communities that make this country so special.

We wish everyone a joyful and memorable season of celebrating our wonderful home country!

New Show Rec

"I love 'This is a Gardening Show' on Netflix. Zach Galifianakis is a hoot! It's part nature documentary, part comedy sketch. The show blends real gardening tips with bizarre, deadpan humor to teach viewers about growing their own food. It’s light , fun and family friendly!" ~Christine

Check it out HERE

Did You Know?

Why Do We Cross Fingers For Luck?

"Crossing your fingers for luck is one of the most familiar gestures in the English-speaking world. We nervously do it before a big moment, ask friends to keep their fingers crossed for a specific outcome, and use the crossed-fingers emoji as shorthand for hope. But where did the custom come from? How did looping our middle finger over our index finger become a symbol of good luck...?"

Click HERE to read about why we cross our fingers for good luck!