Please ensure Javascript is enabled for purposes of website accessibility

Real Estate

Nov 27, 2023

No actual or constructive eviction in warranty case

Where appellant argued that a defect in the title to certain property amounted to an eviction, which would permit a suit for breach of a general warranty against the seller, the trial court correctly ruled there was no actual or constructive eviction. Overview Watan purchased property from the Blankenships and received a general warranty deed. […]

Nov 20, 2023

City did not comply with eminent domain mandates

Where a city sought to obtain the landowners’ property by eminent domain, the landowners’ motion to dismiss is granted without prejudice. “[T]he City failed to comply with the statutory requirements relating to eminent domain.” Background After the city and the landowners could not come to terms regarding the city’s acquisition of their property, the city […]

Nov 13, 2023

Stale possession order bars writ of eviction

Where petitioner bank obtained an order of possession in federal court, the clerk of the Fairfax County Circuit Court correctly refused to issue a writ of eviction based on the federal court order because the order was more than 180 days old. Overview Wells Fargo Bank, the petitioner purchased real property at a foreclosure sale. […]

Oct 31, 2023

Sellers must comply with P&S agreements

Where landowners agreed to sell their parcels of land as part of a redevelopment project in Prince William County, but then refused to agree to certain conditions that were required by the county through the rezoning process, despite having agreed to approve those conditions in their purchase and sale agreements, they were ordered to approve […]

Oct 23, 2023

Damages determined in condemnation action

Where the landowner did not have any admissible evidence to prove diminution of value resulting from the taking of a portion of her property for the construction of a natural gas pipeline, the assessment by the contractor’s expert as to the amount of just compensation owed to the landowner was accepted. Background Mountain Valley Pipeline, […]

Oct 23, 2023

No rescission in foreclosure sale case

Where appellant claimed his home was sold at a foreclosure sale without adequate notice, the relevant statute precludes him from obtaining rescission of the sale. Further, he is not entitled to equitable rescission because he did not plead that with additional time, he would have been able to obtain financing to cure his default. The […]

Oct 9, 2023

No standing to challenge zoning board decision

The trial court correctly ruled that appellant lacked standing to challenge a board of zoning appeals, or BZA, decision because he did not “plead sufficient facts establishing a particularized harm resulting from the BZA’s decision.” Background “[T]he Chesapeake Bay Preservation Act (the ‘CBPA’) and corresponding zoning ordinance in Middlesex County seek to protect the natural [&hellip[...]

Oct 3, 2023

Easement case remanded for further proceedings

Where the trial court resolved the parties’ dispute concerning a driveway easement, some of the court’s holdings must be reversed. The case is remanded for further proceedings. The easement “Francis and Donna Cantwell owned land on Stoneview Circle in Lexington, Virginia. In 2005, they split their land into two portions — Lots 6 and 7. […]

Sep 25, 2023

Experts excluded in condemnation damages suit

Where two of the landowners’ experts in a condemnation damages suit provided opinions that were unreliable, and a third expert failed to provide a required report, they were excluded from the trial. Background Mountain Valley Pipeline, or MVP, is constructing an interstate natural gas pipeline. MVP commenced a condemnation action under the Natural Gas Act […]

Sep 11, 2023

Notation on deed did not create public easements

Ingress-egress and “turnaround” easements created by notations on a subdivision plat did not create public easements because the notations did not indicate that intention. Overview Appellants own Lot 29 in Brentwood, a residential development. Appellees own Lot 28. Both lots are improved. The lots were created by a deed of dedication, which included a subdivision […]

Sep 11, 2023

Chancery commissioner’s fees taxed in title dispute

Where appellant was divested of title to property in an equity action, appellant was correctly taxed $6,000 to satisfy the commissioner of chancery’s fee and expenses. Overview Appellant Elliot owned two residential lots, Lot 5 and Lot 6. When he refinanced the loan, secured by Lots 5 and 6, the property’s legal description “mistakenly” omitted […]

Sep 11, 2023

Damages awarded for ‘lollipopped’ trees

Where contractors that defendants hired trespassed onto plaintiffs’ property and trimmed pine tree limbs, plaintiffs are entitled to $26,800 in damages. This represents the diminished value of the real estate after the trees were removed, and the aesthetic value of the trees “as a sight and sound barrier,” along with the cost to remove the […]

Verdicts & Settlements

See All Verdicts & Settlements

Opinion Digests

See All Digests