Virginia Lawyers Weekly VA Lawyers Weekly

Where both parties to a real estate sales contract mistakenly believed defendant seller had exclusive title to property that plaintiff purchaser contracted to buy, plaintiff has no claim for specific performance, breach of contract or a quiet title/partition action. Defendants’ ...

Tagged with: Judge David W. Lannetti Norfolk City Circuit Court Real Estate Virginia Circuit Courts

Where plaintiff lessee sued a lessor and the lessor’s management company for claims arising from mold in her apartment and the building’s common areas, claims against the management company are dismissed because the company was not in privity of contract ...

Tagged with: Judge Joseph M. Teefey Jr. Petersburg City Circuit Court Real Estate Virginia Circuit Courts

Where would-be property purchasers did not close on the contractual date, the have no claim for specific performance after the property owner terminated the sales agreement. Overview Newton owns property that the Carlsons wanted to purchase. The purchase agreement provided ...

Tagged with: Judge David W. Lannetti Real Estate Virginia Circuit Courts

Where the court previously ruled that the boundary line between the parties’ property is defendants’ fence, which is on land defendants obtained by adverse possession, the fact that a roof eave on plaintiffs’ shed overhangs the fence does not defeat ...

Tagged with: Fairfax County Circuit Court Judge David Bernhard Real Estate Virginia Circuit Courts

Appellant property owners living within or near a private easement have standing to challenge a special use permit that, the owners allege, will increase traffic on the easement, resulting in “particularized” harm. The circuit court erred by concluding appellants lack ...

Tagged with: Justice Teresa M. Chafin Real Estate Supreme Court of Virginia

Where a transit proffer agreement conditioned a landowner’s liability for payments upon the county extending public transportation to the landowner’s development project, the agreement cannot be enforced. Although the county extended public transportation, there is no nexus between the extension, ...

Tagged with: Justice S. Bernard Goodwyn Real Estate Supreme Court of Virginia

Although a restrictive covenant provided that if the owners of Lots 1 and 2 sold Lot 1, the purchaser must also buy Lot 2, the covenant does not impose a reciprocal obligation if Lot 2 is sold first. The sale ...

Tagged with: Real Estate Supreme Court of Virginia

Where defendants’ bamboo has spread into plaintiffs’ yard, damaging plaintiffs’ shed, the bamboo is both a nuisance and trespassory and must be abated. Issues before the court “The Court has before it the claims of Plaintiffs David Willems and Petra ...

Tagged with: Fairfax County Circuit Court Judge David Bernhard Real Estate Virginia Circuit Courts

Where plaintiff alleges defendants concealed a mold infestation in the house plaintiff bought from them, an “as is” clause in the sales contract does not insulate defendants from a claim of actual fraud in the inducement. The complaint Plaintiff alleges ...

Tagged with: 20th Circuit Court Judge David B. Carson Real Estate Virginia Circuit Courts

Where the defendant allegedly transferred real property via a gift deed after learning about an IRS audit, but the transfer wasn’t recorded in land records, the consideration was just 0.0025% of the $400,000 value and he continued using the property ...

Tagged with: Civil Practice Judge T.S. Ellis III U.S. District Court - Eastern District