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Real Estate

Unambiguous lease not modified by other documents (access required)

A lease was not modified by a subsequent letter or estoppel certificate because neither document was signed by all parties and thus lacked mutual assent. Nor could subsequent conduct vary the unambiguous lease. Although the lease allowed the landlords to ...

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Nature Conservancy gets most of permanent easement payout (access required)

Nature Conservancy, the holder of a conservation easement on property that has been taken as part of a permanent easement for construction of a natural gas pipeline, will receive the majority of the payout, based on its majority ownership of ...

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Severance damages opinions excluded in easement case (access required)

Where a shipyard claims a natural gas company’s pipeline, constructed on an easement over the shipyard’s property, entitles it to severance damages, the court grants the gas company’s motion to exclude expert opinions on the amount of severance damages. Overview ...

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Homeowners’ policy does not cover home day care injury (access required)

Where a homeowner was running a day care business in her house, a business exclusion in the homeowner’s policy applied to bar coverage for an injury suffered by an infant under her care. Background This declaratory judgment action concerns whether ...

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Detainer order not result of extrinsic fraud (access required)

Where the Virginia Housing Development Authority obtained a district court detainer order that granted it possession of a house plaintiff was living in, plaintiff has pleaded insufficient facts to show the order was obtained by extrinsic fraud. The VHDA’s plea ...

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Partial subordination rule applied in foreclosure case (access required)

Where a bank had first- and third-priority liens on real property and recorded an agreement that subordinated the first-priority lien to the third-priority lien, the liens survived when the second-priority lienholder foreclosed after the property owners defaulted. The agreement was ...

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