Virginia Lawyers Weekly VA Lawyers Weekly

Where plaintiff bought a commercial property at a foreclosure sale and the prior owner had assigned all income and rights to secure a loan from defendant bank, plaintiff is not entitled to a $450,000 payment a tenant made to the ...

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

A statute prohibiting landowners from blocking access to cemeteries located on their property does not apply to other landowners whose property only has a “traditional access route” to the cemetery. Background A 59-acre parcel of land contains a 47-acre parcel ...

Tagged with: Judge Junius P. Fulton III Real Estate Virginia Court of Appeals

Where the trial court ruled that appellee was entitled to specific performance, requiring appellant real estate owners to convey 31 acres of property that was offered at auction, this was error because the auction is best understood as being an ...

Tagged with: Justice Cleo E. Powell Real Estate Supreme Court of Virginia

Although a company sued for allegedly breaching an agreement sell a 26-acre parcel of land raised numerous objections to discovery requests propounded by the plaintiffs, including that they were overbroad, irrelevant, vague and unclear, the court largely required it to ...

Tagged with: Evidence Judge Joel Hoppe U.S. District Court - Western District

Where a company sued for allegedly breaching an agreement sell a 26-acre parcel of land moved to quash subpoenas sent to non-parties, its motion was largely denied. The subpoenas were sent for a good reason, were non-cumulative and sought relevant ...

Tagged with: Evidence Judge Joel Hoppe U.S. District Court - Western District

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