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Home / Opinion Digests / Va. Cir.: Title challenge must be separate claim, not defense (access required)

Va. Cir.: Title challenge must be separate claim, not defense (access required)

In an action for unlawful detainer, defendants occupying their deceased mother’s home could not effectively challenge title by affirmative defense only; any title disputes needed to resolved by separate lawsuit or counterclaim. Background Sometime prior to November 28, 2016, at least one of the Defendants began occupying the residential property at issue. The property was owned by ...