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Real Estate

Association expenses and charges properly calculated (access required)

Where plaintiff, a commercial owners association, based its assessments on the total square footage of defendant member’s property instead of the developed portion only, this was in accordance with the parties’ contract. As a result, when defendant did not fully ...

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No injunction to ensure compliance with SCV ruling (access required)

Where defendant homeowners ultimately prevailed in the Virginia Supreme Court against plaintiff homeowners association’s enforcement of a holiday lighting policy, defendants are not entitled to an injunction to ensure defendant’s compliance with the ruling. Background In a previous phase of ...

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Ferry operator breached licensing agreement (access required)

Where defendant ferry service breached a license agreement by relocating a retaining wall without the required permission from plaintiff landowner, the court awards damages and enjoins defendant’s further use of the property. However, plaintiffs’ unjust enrichment claim fails because they ...

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Demurrers sustained in real estate contract case (access required)

Defendant’s demurrer to plaintiff’s suit for specific performance of a contract involving real estate is sustained. The contract cannot be read as giving plaintiff the right to buy the property at any time. Plaintiff’s other claims against defendant are either ...

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Unapproved site plan excluded in taking case (access required)

Where the highway commissioner sought to take property for a road improvement project, the trial court properly excluded a landowner’s testimony and an unapproved 10-year-old site plan to establish compensation for the taking. Background Palmyra Associates owned a 44-acre unimproved ...

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Harmless error in foreclosure case (access required)

Even though the trial court granted the appellees’ pleas in bar without allowing appellant to present evidence in this foreclosure challenge case, the error was harmless. Appellant’s failure to accept a permanent loan modification “severed the connection” between the lending ...

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‘Fair market value’ insufficient to compel specific performance (access required)

Where the decedent’s will gave her son an option to purchase real estate devised to her three daughters at “fair market value” within one year of the probate of her will, the term “fair market value” is not a “sufficiently ...

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