USA – NORTH CAROLINA Law and Practice Contributed by: John Livingston and Brittani Miller, Kilpatrick Townsend & Stockton LLP
1. General 1.1 Main Sources of Law
Data Center Expansion ” , Triangle Business Journal, 13 March 2026). 1.3 Proposals for Reform Affecting North Carolina specifically, the growth dis - cussed above is driving higher property values and pricing many potential buyers out of the market. Vari - ous proposals to force municipalities to allow greater density or to limit property tax increases have been discussed, but none have obtained much traction. North Carolina has enacted the Unfair Real Estate Agreements Act (N.C. Gen. Stat. § 93A-85.1 et seq (2026)). The purpose of the Act is to “prohibit the use of real estate service agreements that are unfair to an owner of residential real estate”. A real estate service violates the Act if it is for a term longer than one year and does any of the following: (i) runs with the land, binding future owners of the residential real estate, (ii) allows for assignment of the right to provide services without notice or consent of the owner or buyer, or (iii) creates an encumbrance on the property. Additionally, the Hurricane Helene Relief Bill adds to the already broad definition of “down zoning” and, more notably, requires that local governments obtain written consent from any and all owners of “down zoned” property (N.C. Gen. Stat. § 160D-601 (d) (2026)). 2. Sale and Purchase 2.1 Categories of Property Rights Property rights that can be acquired include the fol - lowing. • Ownership rights: Complete ownership of property, allowing possession, use, transfer and encum - brance. • Easement rights: Non-possessory rights to use another’s property for specific purposes, such as access or utilities. • Mineral rights: Rights to extract and profit from natural resources beneath the surface. • Air rights: The ability to use or develop the space above a property.
A combination of federal, state and local laws, ordi - nances, rules and regulations working together create the patchwork of real estate law applicable in North Carolina. Federal statutes generally address fair hous - ing, Americans with Disabilities Act, and environmen - tal issues; state laws address recording priority, build - ing codes, foreclosure procedures, landlord-tenant relationships and additional environmental issues; and local ordinances tend to address zoning, provision of For another year, North Carolina continues to grow in population – by approximately 150,000 people in 2025 – coming in as the third-largest population increase among states according to the US Census Bureau estimates (see, for example, “ North Carolina Ranked Top State for Domestic Migration, Remains Third-Fastest-Growing State in Nation, According to Latest U.S. Census Bureau Findings ” , Office of Gov - ernor Josh Stein, 30 January 2026). This growth has led to increased multi-family development and home prices, particularly in the large metropolitan areas of Raleigh and Charlotte. utilities, and building code enforcement. 1.2 Main Market Trends and Deals North Carolina remains an attractive location for eco - nomic development. According to the North Carolina Economic Development Activity Report, “companies like Amazon Web Services, Jabil, and more expanded or relocated their operations to the North Carolina” in 2025 (North Carolina Economic Development Activity Report). Additionally, JetZero selected Greensboro, North Carolina for its first “advanced manufacturing and final assembly facility”, an investment of more than USD4.7 billion, estimated to create approximate - ly 14,000 new jobs (see, for example, “Governor Stein Announces JetZero Selects North Carolina for $4 Bil - lion Airplane Manufacturing Hub, Creating 14,500 Jobs in Guilford County in Largest Job Commitment in State History ” , North Carolina Office of Governor Josh Stein, 12 June 2025). Google also plans to invest USD1 billion in North Carolina by expanding its data centre operations in Caldwell County (see, for exam - ple, “Google to Invest $1 Billion in North Carolina
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