Virginia Lawyers Weekly VA Lawyers Weekly

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

Where the purchasers did not close on the sale of two commercial buildings, the trial court correctly determined the purchasers breached the sales contract after rejecting their argument that the parties voluntarily terminated the deal. Further, the trial court correctly ...

Tagged with: Contract Supreme Court of Virginia

A writ of eviction obtained by the Virginia Housing Development Authority more than 180 days after being awarded possession of the foreclosed premises is enforceable. A federal COVID-19-related eviction moratorium tolled the 180-day statutory period. Overview Ononuju defaulted on his ...

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

Where the owners of an easement over a riparian area were not made parties to litigation involving the land that was subject to the easement, the circuit court’s judgment in that litigation is void. Because the litigation involved the easement ...

Tagged with: Justice Stephen R. McCullough Real Estate Supreme Court of Virginia

Where the circuit court sustained, on the basis of absolute privilege, appellee’s demurrers to claims arising from a lis pendens filing on property, this was error. Absolute privilege is an affirmative defense, which may not be raised in a demurrer. ...

Tagged with: Justice William C. Mims Real Estate Supreme Court of Virginia

A holdover tenant owes a landlord rent for the period of occupancy after the lease expires. The law implies a contract to pay even if there is no oral or written agreement. Background Tran, the plaintiff, leased property to Lewis ...

Tagged with: Real Estate Supreme Court of Virginia

Where the county zoning administrator and the Board of Zoning Appeals determined that landowners were illegally parking and storing construction vehicles on their commercially zoned properties, the ruling is reversed. The administrator and the BZA used an incorrect definition of ...

Tagged with: Virginia Circuit Courts Zoning

The commonwealth has the authority to remove a state-owned monument from state owned property. The monument is a form of government speech. To the extent that the document conveying the property to the state and a legislative resolution accepting the ...

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

The circuit court correctly upheld the Fairfax County Board of Supervisors’ amendment of the county’s zoning ordinance, and the imposition of a two percent lodging tax on short-term rentals of residential homes. Zoning amendments Appellants (hosts) are a group of ...

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