Virginia Lawyers Weekly VA Lawyers Weekly

An easement agreement that granted “exclusive use,” without stating the purposes for which the easement may be used, does not permit the owner of the dominant estate to bar the owner of the servient estate from reasonable use of the ...

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

A Richmond U.S. District Court dismisses plaintiff borrowers’ suit seeking to rescind a defaulted mortgage loan because plaintiffs offer only conclusory assertions that the lender failed to provide true, complete, accurate or timely documents, in compliance with the Truth in ...

Tagged with: Judge Henry E. Hudson Real Estate U.S. District Court - Eastern District

Although plaintiff landowners did not appeal the county’s denial of their claim for damages to their property allegedly arising from the county’s failure to maintain a storm drainage system, the statutes governing their initial claim are not their exclusive remedy, ...

Tagged with: Fairfax County Circuit Court Judge R. Terrence Ney Real Estate Virginia Circuit Courts

An Alexandria Circuit Court awards defendant condominium unit owners’ association $65,375 in attorney’s fees and $597 in costs under Va. Code Sec. 55-79.53(A), in a suit filed by an owner who sought compensation for property damage from a shower leak ...

Tagged with: Alexandria Circuit Court Judge Lisa B. Kemler Real Estate Virginia Circuit Courts

Although a billboard advertising company says its leasehold on land that has been purchased after condemnation by the Roanoke Redevelopment & Housing Authority has been damaged because the Authority is more likely to terminate its leasehold than would a private ...

Tagged with: Judge Charles N. Dorsey Real Estate Roanoke Circuit Court Virginia Circuit Courts

A property owner’s claim that defendant servicing company breached its contract to modify plaintiff’s first mortgage and negligently processed plaintiff’s loan modification application under the federal Home Affordable Modification Program cannot keep her case in federal court, says a Norfolk ...

Tagged with: Judge Mark Davis Real Estate U.S. District Court - Eastern District

Owners may pursue a declaratory judgment action against their homeowners’ association for allegedly exceeding the legal debt cap, mismanaging capital reserves and arbitrarily denying the owners’ request to build a roof and deck, and the Fairfax Circuit Court says the ...

Tagged with: Judge Lorraine Nordlund Real Estate Virginia Circuit Courts

A guarantor on a restaurant’s lease is liable only for the value of two years’ rent, not for remodeling costs, late payments or advertising for a new tenant, because the lease’s ambiguity in the term “rent” is construed against the ...

Tagged with: Judge Robert P. Doherty Jr. Real Estate Salem Circuit Court Virginia Circuit Courts

Although the Harrisonburg U.S. District Court earlier said plaintiff could take a voluntary dismissal and refile his suit under the Truth in Lending Act with his ex-wife as a defendant if plaintiff paid defendant lender’s costs and attorney’s fees, the ...

Tagged with: Judge Samuel G. Wilson Real Estate U.S. District Court - Western District

A Fairfax Circuit Court dismisses a borrower’s suit against Mortgage Electronic Registration Systems Inc. challenging foreclosure on her property. On Dec. 6, 2010, plaintiff Sandra Graves filed the instant action alleging 1) entitlement to a judgment declaring the foreclosure unlawful; ...

Tagged with: Fairfax County Circuit Court Judge Jonathan C. Thacher Real Estate Virginia Circuit Courts