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Real Estate

No claim against decedent’s prior real estate interest (access required)

Where decedent held property with two others as joint tenants with right of survivorship, decedent interest passed by operation of law to the other joint tenants, and the bank holding decedent’s car loan cannot seek to satisfy the loan from ...

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Owners enjoined from parking truck on property (access required)

After receiving notice to remove a truck from their property, defendant provided insufficient evidence that he successfully converted the truck from an impermissible commercial vehicle into a permissible recreational vehicle. As a result, an injunction will issue compelling defendant to ...

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Temporary injunction to bar foreclosure denied (access required)

Where defendant has moved for a temporary injunction to bar plaintiff’s foreclosure action, the motion is denied. Defendant is not likely to succeed on the merits because the action was timely filed. Background Defendant Thoburn Limited Partnership, by a deed ...

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VDOT can condemn land for stream mitigation (access required)

Where the Virginia Department of Transportation seeks to condemn respondents’ property for stream mitigation in connection with a highway construction project, respondents’ demurrer based on VDOT’s alleged lack of authority to do so is denied. Background Respondents in these consolidated ...

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Court has jurisdiction to hear wetlands mitigation case (access required)

Where the Virginia Department of Transportation seeks to condemn respondents’ property for wetlands mitigation in connection with a highway construction project, the court has subject matter jurisdiction over the case. VDOT is proceeding under its eminent domain power. Overview A ...

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Inverse condemnation suit proper in circuit court (access required)

Plaintiff may file his inverse condemnation claim in circuit court without first presenting it to the Fairfax County Board of Supervisors. Code § 15.2-1248 does not make presentation to the county supervisors a requisite before filing in circuit court. Moreover, ...

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Deed of trust interpretation is not federal question (access required)

Where a homeowner alleged the defendants failed to comply with a face-to-face meeting requirement in regulations of the Department of Housing and Urban Development incorporated into her deed of trust, her claim required only an interpretation of the deed of ...

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